Hi folks,
sorry if it's wrong forum topic,

I wonder, is it legal to use (my own) gameplay from some (old) PC game(s) as a footage for my own music videos?

I found surprisingly not much on this topic on the internet,
any opinions?

 

Nintendo used to claim copyright for gameplay footage on YouTube. They used to not allow people to monetize videos unless you joined their partner (profit-sharing) programme. In 2019 they softened their stance and stopped copyright claiming, as long as the content is in line with their 'guidelines'.

TLDR: Grey area. I don't remember anyone ever getting sued though.

 

I'd simply ask the developer.

 

This is a much discussed topic in the world of twitch gamers: when they produce a tutorial on how to solve a difficult passage in a game, how to access a secret level etc who does that video belong to?
On this topic, the twitch management tries to get by: the platform allows streaming without interrupting, but it is not possible to save the video for future viewing. Now, if you want to use the images of a game to then post the video on YouTube I'm pretty sure this will get you a copyright strike.

 

and what about games which are considered "dead"? for ex. DiRT Showdown or Forza Horizon 3 aren't even available for purchase anymore, so although they're still a copyrighted work of art, they aren't legally obtainable anymore and therefore not legally strike-able?
not a great example, but recently I tried Shazam-ing soundtrack of Railroad Tycoon II (1998 game) and they don't even seem to be copyrighted, so if a game is really old and perhaps somewhat procedural, I don't think it can be classified for copyright infringement?

 

Come on... stop beating around the bush: you cannot use it just because game is "dead". Even if developer goes bankrupt, the rights holder of the work remains active. The only way to legally use the footage is to go through a clearance process (basically an agreement between you and the rights holder).
Of course, you can instead proceed without contacting anyone and publish your video straight away, but you are infringing copyright, with all that goes with it.

 

As @recycle said, this has been talked about a lot. "abandonware" and similar stuff. Technically still illegal even to play at home, but at least that's safe. Putting it in a clip in the net, no way.