Sometimes—but owning the game does not automatically give you the right to publish everything the game displays or plays.
Gameplay videos can involve copyright in the game’s artwork, animation, dialogue, music, characters, cinematics, and other audiovisual material. Your controller may determine what happens on the screen, but that does not erase the rights in the material appearing there.
The real question is why and how you are using the footage—and whether the publisher has already granted permission through its creator guidelines.
Check the Publisher’s Rules First
Many game publishers expressly allow gameplay videos, livestreams, reviews, tutorials, and monetized creator content under published guidelines.
Those guidelines can provide permission that is separate from fair use. They may also impose conditions concerning:
- Monetization.
- Supported platforms.
- Commentary or creative contribution.
- Spoilers and endings.
- Unreleased or leaked material.
- Game music.
- Commercial sponsorships.
- Offensive or misleading uses.
For example, Nintendo publishes guidelines governing the use of its game content on video and image-sharing platforms.
Publisher policies are not interchangeable. Permission from one company says nothing about another company’s game—and policies can change. Read the actual terms for the particular game and preserve a copy of the policy you relied upon.
Is Gameplay Footage Fair Use?
It can be. Fair use may support using gameplay footage for criticism, commentary, news reporting, instruction, comparison, or analysis.
The position is generally stronger when the footage is used to demonstrate a point:
- Showing a mechanic while explaining how it works.
- Comparing changes between editions.
- Examining a design decision.
- Critiquing a story, performance, or technical problem.
- Identifying and discussing an Easter egg.
- Reporting on a new release or industry controversy.
The footage should serve the commentary. The commentary should not merely decorate the footage.
A video consisting largely of uninterrupted gameplay, cinematics, or story sequences presents a different problem—particularly when viewers can use it as a substitute for playing, purchasing, or watching the relevant portion of the game.
As with every fair-use question, Section 107 of the Copyright Act requires examination of the purpose and character of the use, the nature of the original, the amount and importance taken, and the effect upon the potential market.
Does a Publisher’s Copyright Claim Settle the Question?
No. A platform claim does not legally override fair use.
It can still have immediate practical consequences.
A publisher or another rights holder may use Content ID or a similar system to claim revenue, restrict a video, block it in certain territories, or remove it. Those systems act before a court determines whether the use is fair.
Sometimes the claimant may also control a particular element without controlling the entire game. Music appearing during gameplay, for example, may be licensed to the publisher for use inside the game without being cleared for every creator’s video or livestream.
That is why creators sometimes receive claims from a music company even when the game publisher generally permits gameplay content.
Cutscenes, Endings, and Game Music Require Extra Care
Not every part of a game performs the same function.
A short excerpt showing a mechanic during commentary differs from uploading a complete cinematic. A tutorial differs from a compilation of every cutscene. A review differs from publishing an unreleased ending before the game’s official launch.
Creators should pay particular attention to:
- Long or uninterrupted story sequences.
- Endings and substantial spoilers.
- Licensed songs or performances.
- Soundtracks presented without meaningful commentary.
- Pre-release footage subject to an embargo.
- Leaked or unlawfully obtained material.
- Contractual restrictions attached to review copies or early access.
Copyright may not be the only issue. Embargoes, nondisclosure agreements, platform rules, and access terms can create separate obligations.
Monetization Does Not Decide Fair Use
Earning advertising revenue does not automatically defeat fair use. Commercial purpose is relevant, but it is only part of the complete analysis.
Likewise, a publisher permitting monetization does not necessarily clear every third-party song, performance, trademark, or other work appearing inside the game.
There are three different questions:
- Does copyright law permit the use?
- Has the publisher licensed or authorized the use?
- Will the platform permit or monetize the content?
A creator may receive different answers to each.
A Practical Gameplay-Footage Check
Before publishing, ask:
- Does the publisher have current creator or gameplay guidelines?
- Does my intended use comply with those terms?
- Am I analyzing the game or simply displaying it?
- Why is each excerpt necessary to my point?
- Am I showing more than the discussion requires?
- Does the footage contain licensed music?
- Am I reproducing complete cinematics, endings, or major story sequences?
- Could viewers use my video as a substitute for the relevant part of the game?
- Did I receive the game under an embargo, NDA, or early-access agreement?
- Have I preserved the permission or policy upon which I am relying?
Play the game. Make your point. Do not assume that pressing Record clears the rights.
Matthew B. Harrison and Harrison Legal Group can review a proposed gameplay video, publisher policy, platform claim, or creator agreement before the problem becomes a strike or takedown.
For the broader framework, visit the Copyright & Fair Use Resource Center or begin with Can I Use This Clip?.