On the podcast The Final Score I do a gameplay review segment called The Odd Mod. Each week I pick a weird modification of a game and I review it during the show. On show 25 of The Final Score I chose the mod QuickFlip for Quake 1. I recorded my gameplay and posted it on YouTube and linked to it for everyone to see. This has worked great in the past.
However, this time after I uploaded my gameplay I noticed that the audio was missing from my video and I received this email from YouTube shortly thereafter:
Your video, output, may have content that is owned or licensed by WMG.
No action is required on your part; however, if you are interested in learning how this affects your video, please visit the Content ID Matches section of your account for more information.
– The YouTube Team
It is true that the Quake mod has embedded the song “Hit The Road Jack” performed by Ray Charles which you can obviously hear in my gameplay review.
The video is a little over 1 minute long and contains a mix of the song in question, Quake audio effects and KickFlip audio effects. So my question is this: Technically speaking this is a review of gameplay. The song is embedded in the game. Legally shouldn’t I be able to post such a review without getting permission from the creators?
Once again, I am asking legally. I’m not asking whether youtube has the right to refuse service to anyone.
Also, this seemed to be pretty automated. The audio was cut almost immediately. I wonder what kind of AI they are running over there to catch all this or if there is some guy there watching all the videos. Weirdo.
UPDATE: Thanks for the heads up from Aaron Spain in the comments about contesting the ruling on YouTube. I dug a little further and was able to fill out a form for contesting that the video was Fair Use and YouTube turned the audio back on. Now let’s see if it stays on.