In-Depth: SEGA & Fan Content Takedowns
It’s time for the newest installment of In-Depth, where I do a case study on various aspects of Sonic and SEGA with sources and research presented for your convenience. This month, I wanted to take a moment to discuss SEGA and how they treat copyrighted material from fans. This includes videos, fan games, fan sites, pictures, music and more. You may recall that our own Noah touched upon this somewhat in an article on his own. However, I wanted to elaborate more on this topic. In comparison, I will be using Nintendo as an example. To clarify, this is not because I hate Nintendo or because I want the console wars back. This is because Nintendo is the most infamous for how they treat their own fans’ copyrighted material. SEGA and Nintendo’s relationship, past and present, is purely coincidental.
Let me start by saying that Nintendo and SEGA have more power to take down fan content than you may realize. Anything that was not granted permission by the original creator is in fair grounds to be flagged. It is made even worse if you are selling the product that contains any copyrighted material, such as the company’s logos and characters, without their permission. There are also trademarks, too. If a company has trademarked something, that makes it also difficult for you to use. If you use that copyrighted material in any of the methods I listed above, the company technically has the excuse to take it down. However, if your content is a parody of the copyrighted content, you can get away with it. Why? Because obviously you’re not actually using the copyrighted content. The problem that faces fan content creators is holes in the system. The best example is YouTube’s copyright system, where anyone can claim to be the creator of content and knock out your videos, regardless of whether they’re the original creator or not. You can also seek a license of the content from the owner. By doing so, you have been given consent to use the material. However, the owner doesn’t have to grant this license if they don’t want to. As for trademarks and copyrighted stuff, companies have just as much of a battle in earning these things as the fan may have with their own content of it, if not more so. If a company ignored infringements of a trademark, the protection afforded by it gradully vanishes and it could even go away completely, causing the company to lose money (this is why the Streets of Rage 2 remake had been taken down, although to be fair, “Sonic the Hedgehog” is also trademarked). In this case, you will see companies be more strict about trademarked material than, say, a Let’s Play series on YouTube. Because they have to do it. In other words, it’s to “protect their IPs” and so they don’t lose money. The rules of copyright are picky, and in some cases complicated, but they’re there.
With that said, gaming companies vary on how they treat fan-made content. No two companies fit the term “apples and oranges” than SEGA and Nintendo. The two companies enforce these copyright laws in their own respective ways. Nintendo is far more strict than the lenient SEGA, as I’m about to show you. What you see below is a list of various actions that SEGA and Nintendo have done to take down fan content, and the year it happened. SEGA is not innocent in these takedowns, but compared to other companies such as Nintendo, they are surprisingly lenient.
All three listed things are not what they seem, however. As I already explained, the take down of the Streets of Rage 2 remake was a forced action because of “Streets of Rage” being trademarked. The Dreamcast Junkyard book seems to be a case of the copyrighted material being sold in a book for purchase, which is a no-no, as I previously explained. The Shining Force video removals were actually an error by SEGA of Japan. They eventually released a statement on the matter, explaining that North America and European users are excused:
We never give explicit permission to use our intellectual property. We reserve the right to take necessary actions when our properties are used inappropriately, maligned or distributed for profit. However, in North America and Europe we typically will not take action on Youtube videos or similar content. Monetization of Youtube videos is not something we consider, but we will demand the removal of any leaked footage as well as content that uses our properties in a malicious or inappropriate way. We will also not typically take action against works for personal use, school projects, portfolios, etc, as long as the work is not distributed for profit and our ownership of the copyright is acknowledged.
It was not just Shining Force either, as at the time, there were also Sonic & The Black Knight videos being taken down. So if you think Sonic has been getting free passes from copyrights compared to other IPs, you’re wrong. Anyway, on to the list:
SEGA
Streets of Rage 2 Remake taken down (2011)
SEGA Issuing Copyright Claims Over Shining Force Videos (2013)
The Dreamcast Junkyard Ultimate Collector’s Guide Book C&D’d (2015)
Note: above are SEGA’s takedown actions. This does not count copyright-related moments such as SEGA going after eLicense for falsely claiming YouTube videos, their literal endorsement of ROM hacks, and for warning people in advance of the takedown of Sonic Boom episodes on YouTube so they can remove them before any YouTube copyright strikes went out (commentary of episodes are okay though, it’s only direct, unedited rips of the Boom episodes). This also doesn’t include the fan-created Sonic Mania game that SEGA and Sonic Team is publishing.
Nintendo
“Nintendo on Possible Copyright Violation; Korean MMO resembles Legend of Zelda: Wind Waker” (2005)
“Nintendo: Nintendo Take Down Popular Zelda Fan Movie” (2010)
“Nintendo: Nintendo Shuts Down 7,000 Player Pokémon Online Game” (2010)
“Nintendo Enforces Copyright on Youtube Let’s Plays” (2013)
“Nintendo’s Copyright Complaint Against Full Screen Mario Succeeds, Results In Game Closure” (2013)
Nintendo Videos Copyright Flagged in YouTube’s Latest Content ID Sweep (2013)
“Nintendo Issues Cease And Desist To Metroid Fan Film On Kickstarter” (2013)
“Nintendo Making Copyright Claims On Mario Kart 8 YouTube Videos” (2014)
“Creator of ‘Hardest Super Mario World Level Ever’ Says Copyright Crackdown Gutted His YouTube Channel” (2015)
“Nintendo Shuts Down Another Browser Based Game Boy Emulator” (2015)
“Nintendo Has Taken Down The Fan-Made Mario 64 HD Game” (2015)
“Nintendo Takes Down Tool Assisted Speed Run Videos And Rom-Hacked Games On Nicovideo” (2015)
Angry Joe No Longer Making Nintendo Videos After New Copyright Issue Related To Mario Party 10 (2015)
Nintendo Sending Copyright Claims On Mario-Related Minecraft Videos (2016)
“Nintendo Shut Down Bitmap Books’ NES Artbook Kickstarter Amid Copyright Claims” (2016)
“Browser Legend of Zelda Game Removed Due To Request By Nintendo” (2016)
“Nintendo Has Taken Down 101 Character Mario Kart Video” (2016)
“Nintendo Files Multiple Takedown Notices Against Pokemon Uranium” (2016)
“Nintendo Has Taken Down The Super Mario Bros Z Patreon” (2016)
“Nintendo Issues Metroid 2 Remake With DMCA Takedown Notice” (2016)
SilverGunner’s “GilvaSunner” YouTube Parody Channel Hit With Two Nintendo Copyright Strikes (2016)
Game Over: Nintendo Takes Down “Full Screen Mario” Code (2016)
DMCA Notices For Nintendo Fangames (2016)
Note: above are Nintendo takedown actions. this does not count copyright-related moments such as Nintendo’s YouTube program. This also avoids accounts of copyright take downs by The Pokemon Company. This is because Nintendo and The Pokemon Company are separate entities. Nintendo has nothing to do with The Pokemon Company’s initiative on copyright removals. The Pokemon Uranium article is an exception, because the statement from the project creator mentions that the removal request came from “lawyers representing Nintendo of America”.
As you can see, the list is so different between the two companies that it is like night and day. This, however, isn’t an anti-Nintendo article. In fact, it’s the opposite. This is because, as much as it may feel like Nintendo is going overkill to enforce copyright laws, it is legal for them to do. And not only is it legal, but it’s encouraged in the copyright law. Nintendo is allowed to do this, along with all the other gaming companies. The catch is it doesn’t have to be enforced. However, what does SEGA have to do with this? Because SEGA could easily do the same thing at any time. There is nothing stopping SEGA from pulling very similar stunts. They choose not to because of fan outcry, but they don’t have to listen to it. It’s their IP, their content, and the law of the land. It all comes down to the company. And SEGA is not only lenient on fan content, but they’ve endorsed it. It may not seem like it, but SEGA and Sonic fans actually have it made in terms of copyright. SEGA and any other company that is lenient on copyright shouldn’t be praised for “acknowledging the power of fans”. They should be praised for not caring and giving it a free pass. Because that privilege can easily be taken away at any time.
This post was originally written by the author for TSSZ News.
There’s this Amazing fan game/hack called Newer Super Mario Bros Wii. It was made in 2013 but Nintendo never took it down.
SEGA didn’t take down sonic after the squeal and before the squeal that was post and made by a youtuber.
I know you keep disclaiming it as not being an “anti-Nintendo article” and I totally get that…
…but you can still see how you could interpret the underlying message as “Nintendo totally has a right to do this…but that doesn’t mean that they have to, which makes Sega awesome”, right? Because that’s still how I read this.
I get it, you’re doing your best here to not seem biased, but I think we can all agree here that Nintendo has been really anal about all this for the past decade or so, there’s no shame in admitting it. If anything, it’s a helpful thing to acknowledge the strength in how liberal Sega has been with things and acknowledge how powerful and helpful that would be for Nintendo if they adopted a similar mindset.
People on the internet still love all of Nintendo’s products so much that regardless of how the company acts, they will still promote, meme about, and love the hell out of those products. If Nintendo could just wise up and realize how much more powerful and influential they would be if they eased up on all these misplaced legal actions, they would have a much much MUCH stronger following than they do right now, and that’s still a lot.
Even if it means that Nintendo might be the last company to get on board with the “free social publicity” idea, I DO hope that one day they do get there.
Plus, they went after Angry Joe, I think we can stand to be at least a little critical of them.
I can make things as clear and unbiased as possible. I can say multiple times how that is the case. I can source many things. I can make an entire article that is literally saying “Nintendo doesn’t have to do this, but they’re perfectly allowed to, along with SEGA, and that’s not a problem at all”. There was not a single criticism of any of the companies I said in the article. But people will always interpret things in their own fashion. It makes no difference what I say, how I phrase things, there will always be people that see it in a completely different way. Does that make me wrong, though? No it doesn’t. It doesn’t make me right either. People will judge in their own way.
So yes, I can still see how they could interpret it that way. Because no matter how much I can imply otherwise, it makes no difference whatsoever. Damned if I do, damned if I don’t. And as per usual, it’s likely I’ll be blamed for that (as is usually the case when I do even the slightest thing, serious or not). I’ve long since concluded that, no matter what I do, there will always be people who disagree with the article and/or how they interpret its message. That’s just how it goes.
it seems like they are making things alot worse from the company besides the company do have there rights to do so. and they can recently take any actions on people works who has copyright materials.
“…but you can still see how you could interpret the underlying message as “Nintendo totally has a right to do this…but that doesn’t mean that they have to, which makes Sega awesome”, right? Because that’s still how I read this.”
I have experience in analytical reading and I can tell you for a fact that SSF1991’s article is very neutral and even-handed. Our minds are quite prone to automatically and imperceptibly making judgement calls in our subconscious regio. You just did that–not the article. Now, subjectively speaking, I believe most people, if presented the facts, would come to the same conclusion as you just did. It simply makes sense that a company that lets their fans praise their work artistically versus one who stifles it will be seen as “awesome” and the other as harsh and cold. It is called customer appreciation and free advertising!
To me it sounded like “We should really cut Nintendo some slack. They’re not doing anything wrong and they’re looking out for the product. The fact that SEGA does it is not a right. It’s a privilege and we should consider ourselves lucky.”
That’s exactly what the message was supposed to be. But as I said, you can’t stop people from interpreting things differently.
true, but you may have a point for all of this. people can make things as there fan arts and stuff but nothing stopping them for doing what they do.
Now I know why I feel like buying Sonic Mania day 1 full price but plan on getting breath of the wild 2 years later!
hmmm I totally get the infringement thing and believe me I understand it but I really wonder how long Nintendo’s piss poor decision making can go on before there are dire consequences to these actions. Yeah Nintendo is still a pretty hot comodity but the cell phone mobile platform is absolutely killing them probably 2 to 1. I don’t remember the figures exactly but every time I turned around I kept seeing Sales for Wii U and 3DS weren’t meeting expectations time and time again. I’m gonna go out on a limb on this comment but Nintendo keeps pissing people off there is going to be serious dire consequences for them. The world economy is not good and if another round of economic collapses happen like what happened earlier this year…Nintendo is going to be in a serious world of hurt. If I were them I’d really rethinking their playbook cause piss poor decision making can only go on for so long before the jenga blocks fall. Cause look what happened to Sega over the last 4 years. Things were really not one bit good for a very long time. This year feels like there has been a serious turn around for them but I won’t confirm that till we see the end results of Sonic Boom Fire & Ice and Sonic Mania, then onto Project 2017 and beyond. They seem to look very promising so here’s hoping. Fingers crossed 😎 That’s my thoughts anyways.
sonic after the squeal & before the squeal is a fan game. i don’t know if SEGA has the courage to take down the game that was post on youtube by a youtuber who made it a few years ago. basically, i recommend that SEGA might be able to take action on it. because basically, SEGA has nothing to do with the game that already been made by a youtuber. besides, i notice that it might be copyright.
SEGA… despite having made many awful business choices, it was smart on letting fans do whatever they wanted. Or sort of.
Look at them now: the Sonic brand on North America is literally run by fans, which is not a bad thing. You can get more engaged with people and even better products come from it. Like the upcoming game “Sonic Mania”, which is just an approved fan-game with developers hired straight from the community. Nintendo can’t do that without feeling a bit hypocritical.
If you don’t get what i’m saying: look at TSSZ own poll! Mania is above Project 2017’s hype.
you might be a little correct on that one. but SEGA trying there best not to make any mistakes during business choices. and now nintendo is saying that they are afraid that they might make some mistakes once the NX gets revealed thats the only case i can think of my friend.
They should be afraid very afraid because they’ve been making mountains of obvious mistakes since the 3DS launched, look at their most recent mistake bringing Mario Maker to the 3DS but crippling it’s online sharing functionality. This is a far cry from the Nintendo of 2006 who were very obviously realizing their mistakes and doing everything possible to attain the massive mainstream appeal they had during their glory days.
To be fair, we don’t know how long the 3DS servers are going to be running once the NX comes out. For all we know, they could be shutting the servers down just a few months after the NX comes out, and then MM3d would be unplayable. That said, yeah it sucks it won’t have online functionality. That was literally the best thing about the game. Really hoping that it will have that functionality added later on.
you got a point there they shut down the wii servers after the Wii U was launch and people got upset about the Wii servers being shut down.
As much as I like Pokemon a lot, I’m really annoyed with the company as to how they treat their fans. I surprised the pax party isn’t mentioned here… There was a fan pokemon con in the US called Pokemon PAX party, and it got hit with a lawsuit by Nintendo. Nintendo sued the guys running it for $4k.
I heard about the Pokemon Uranium thing too recently. It wasn’t a rom hack and they didn’t make any money from it either. But they still got attacked.
Really bad times for Nintendo, just so disappointing…
I don’t think Nintendo is as good at PR as it thinks they are. It’s true that they are in their right to take down any fan work that is not authorized by them. The problem is, depending on the size or amount of times one does this, it can cause a rift between the company and fans, especially if the company hasn’t been meeting fan expectation like it should be.
Sega may not be the best company but they still allow most of these fan projects to exist because they care about their fans. They know that these projects are made with the intention that fans love these series. Capcom’s a little similar to this and even endorsed and helped out with a Megaman fangame Megaman x Street Fighter by sending resources to the maker of the game. Nintendo would rather be overprotective of their IPs and stay behind other game companies in progression. Fan projects are only harmful when a person is making money off of it. Otherwise, all takedowns do is hurt the company’s image, making people think they are selfish and don’t care about the people that buy their games in the first place.
Once again Sega does what Nintendon’t
Little Red N hates you, but luckily The Great Blue S LOVES you, fans… E>-)