Daily Niche – Final Fantasy Copyright Strike XV


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  • Mr0303

    The Youtube copyright strike system is crap. From what I’ve heard if the audio/video they can claim is under 20 seconds the bots may not detect it. That being said reviews like this shouldn’t be subject to that at all. Square should whitelist the tracks until chapter 2 to avoid that. The issue is that anyone can make a copyright claim even if they don’t own the material. This is related to the said problem:

    https://www.youtube.com/watch?v=JPcGeCjZsgU

  • Jacob Waters

    Question – you say you have permission to use the footage or stuff from the game all the way up to chapter 2, right? I’m assuming that the PR people meant that you could use footage and general audio, but because you got hit by UMG and not Squeenix it’s obviously something else.

    So I dug a bit and re-watched the video for anything that could be an issue.

    Did you know that “Stand by Me” – the song you used a large portion of at the end of your video, is owned by Universal Music Group (The Afrojack song Braver is too)? You probably don’t have the rights because that song was licensed to Square Enix for use, not for YouTubers to use.

    That’s pretty standard when it comes to copyright and video games. Record Labels/Artists give permission to the developer to use the song in-game, but that doesn’t actually extend to reviewers.

    Hope that helps.

  • Flamingfighter

    I remember the same problem happening with Type-0 and their Bump of Chicken song.

  • TylorW

    That doesn’t make any sense though since “Stand By Me” is played right at the beginning of the game, and “Braver” is available on the radio from the get-go. I don’t understand why the hell they’d allow it to be played in-game during a review video, but then strike a video down should they use it outside of the gameplay.

  • EvanPearks

    This is the ONLY correct answer. The reason they got struck is because they use copyrighted music for far too long (doesn’t surprise me since whoever edited this clearly has no idea what he/she/xe is doing)

    Basically this. You guys fucked up and included more than 30 seconds of a Florence + The Machine song and instead of acting like a professional outlet and just re-editing (your editor is a hack) you threw an SJW level tantrum. It sucks to say this but if niche keeps going this way I dont see you guys surviving until E3. Your alexa ranking is diving (you let Techraptor beat you, wtf lol) and now you’re attacking PR agencies and your “fans” as you call them. Maybe Carl was right all along…

  • EvanPearks

    Because youre not allowed to use more than 30 seconds of it. Its weird but I gurantee you its in the PR contract…that Niche will never see again because they plastered it all over the place. Holy shit guys, you fucked up big time.

  • WallyWallyWoxenFree

    >Copy Write

    Is NicheGamer hiring editors at all, because I imagine even a high school dropout can do a better job than whomever is doing it currently.

  • WallyWallyWoxenFree

    I doubt they’ll be able to afford attending E3 this year. Last year they had to e-beg to go, and between

    1) Their recent mishandling of comment moderation in their forums and Disqus comments, to the point that multiple supporters have left, turned AdBlock on, and stopped donations to their Patreon.

    2) Allowing their two-month hire “Media Manager” to have an epic cryfest/meltdown on the people that have supported NicheGamer from the very beginning.

    3) Their virtue signalling of “doing this on a shoestring budget” and “not doing Kickstarters” as a passive aggressive dig at TechRaptor and other “competitors” that have actual been accomplishing the things NicheGamer dreams of doing.

    4) Publishing the contact information for the PR company that sent them their Final Fantasy XV review copy while they try to spin their fuck-up as “muh censorships”.

    5) Accepting lodging from Slade Villena (aka Roguestar, the “dev” of Fleetcomm) for positive press coverage of his game.

    They won’t have people lining up to help them get to McDonalds, let alone E3.

    Besides, if I correctly recall Brandon spent most of E3 getting wasted in his hotel room instead of actually writing news.

  • What do you want me to do when we are losing advertising deals because of people repeatedly derailing comment threads both here and in the forums. A very small, vocal minority that I have so far been letting do whatever they want.

    I have been talking to Michael longer than that in regards to bringing him on board as staff.

    I have never intended to make our new stance on doing things on a shoestring budget as a dig at other sites. I dunno where you got this from.

    We censored the PR staff’s email. We had authorization to use the footage seen in the review.

    This was a mistake and we have owned up to it / apologized for it since then. I dunno what else to tell you as you’re still making it a point.

    You have no idea what I did during E3, which the vast majority was planning / coordinating / networking and generally making sure the ship kept sailing while our staff, including myself, produced content. Sure I went to a party here or there but myself as well as our staff put out content.

  • WallyWallyWoxenFree

    >What do you want me to do when we are losing advertising deals because of people repeatedly derailing comment threads both here and in the
    forums.

    Not shit on the people that helped to make your site successful? It’s basic business sense – doesn’t matter if you have the best advertisers on the planet if no one will read your articles.

    >A very small, vocal minority that I have so far been letting do whatever they want.

    Now, is it a “very small, vocal minority” or is it “people repeatedly derailing comment threads”? Can’t be both.

    I also seem to remember you repeatedly bragging about how hardcore your commenters are. Is this a quality you’re no longer proud to have fostered?

    >I have been talking to Michael longer than that in regards to bringing him on board as staff.

    Irrelevant. We’re looking at his actions while employed as a member of the NicheGamer staff, not what he did before you started paying him.

    Speaking of which, do you have any plans to issue a public apology to your readers for the manner in which he’s behaved, or is his behavior of publicly ridiculing your forum members and Patreon backers something you stand behind?

    >I have never intended to make our new stance on doing things on a shoestring budget as a dig at other sites. I dunno where you got this
    from.

    Maybe the veiled references to “competitors” that you continually bring up on Twitter led me to this conclusion? Doesn’t take a rocket scientist to figure out that you hate being left in the dust by other sites from the GamerGate heydays.

    >We censored the PR staff’s email. We had authorization to use the footage seen in the review.

    You forgot to censor his name and email domain and between those two things it’s ridiculously easy to find his contact information. Extremely unprofessional behavior on your part and that will cost you more partners/advertisers than any behavior in the forums/comment sections would have had.

    Also you didn’t have proper authorization to use Stand By Me, otherwise your review video wouldn’t have been struck by UMG.

    >You have no idea what I did during E3

    Sure I do. It’s called “look at what NicheGamer wrote during E3, wonder why it’s not up to the same standards as other website, see that the editors/writers are getting hammered every night, receive answer”.

  • Jacob Waters

    > I have never intended to make our new stance on doing things on a shoestring budget as a dig at other sites. I dunno where you got this from.

    The issue with this statement is that you’ve taken potshots at TechRaptor before, namely on your July podcast where you took a shot at their KekRaptor series, and a direct shot at their founder as well. Additionally you didn’t start commenting about “Kickstarters” for sites until they started theirs.

  • Look if I said that on the podcast I don’t remember it and if I did, it wasn’t meant as anything more than a joke. Also I’ve never felt good about asking you guys for more money, I always wanted the site to just be self-sufficient off advertisements. Maybe the timing was just the same, but I seriously, legitimately, never cared for what other sites do with their development/funding/etc., I don’t even know what they’re doing nor do I look at it. NG is basically a second job for me so that’s exhausting enough.

  • WallyWallyWoxenFree

    Testing something, please ignore.

  • EvanPearks

    You guys are losing advertising because your Alexa ranking took a nosedive and you have anime tits all over the place. Not comments.

    Nobody wants to advertise on a “Gamergate” site that has hentai all over it whose staff also treats their readers (or fans as you call them) and industry contacts with absolutely no respect.
    Dont get me wrong, I liked Niche a lot when you guys started gaining traction back in the day but like I said earlier, Its time for a reboot. Fire the assholes (MJ makes Carl look like a reasonable guy) and grow up a little. Then maybe you can compete with Dualshockers, Techraptor, and all the other smaller sites again.

  • EvanPearks

    And no you didn’t have authorization to steal Florence and the Machines art for your lazy video editing. Anything over 30 seconds isnt legal, you should know this.

  • We actually contacted Square, and yes we have the right to use it. They are helping us with this issue now.

  • WallyBackup

    As Disqus seems to be preventing be from making comments, I’ll attempt to do so using this alternative account. Perhaps this will go through this time. This is a response to Brandon Orselli’s reply to this comment.

    >What do you want me to do when we are losing advertising deals because of people repeatedly derailing comment threads both here and in the
    forums.

    Common sense would be not to shit on the people that have allowed this site to exist in the first place. Doesn’t matter if you have advertisers on your site if you have no readers, or as you put them “fans”.

    >A very small, vocal minority that I have so far been letting do whatever they want.

    If they’re so small, then advertisers shouldn’t have anything to be afraid of and you should tell them as much.

    >I have been talking to Michael longer than that in regards to bringing him on board as staff.

    Irrelevant. We are discussing his actions as a member of this site’s staff, not whatever he was doing “in the background” before you started paying him. He has been working as a member of your staff for two or three months; this is fact, no matter how you try to phrase it to put him in the best light.

    >I have talked to him about how we address these things and ultimately I just want everyone to be happy.

    Will a public apology to your community members and Patreon donators be forthcoming, or are people to assume that you approve of Michael’s publicly unprofessional behavior? Given how you’ve tip-toed around his behavior so far, I would have to assume the later.

    >I have never intended to make our new stance on doing things on a shoestring budget as a dig at other sites. I dunno where you got this from.

    Perhaps the history of making public jabs at competing websites, as Jacob Winters has so graciously pointed out? You may have taken to hiding what sites you’re taking jabs at by grouping them together as “competitors”, but anyone with half of a brain can tell who you’re referencing based on timing and context.

    >We censored the PR staff’s email.

    You published the member of that PR firms name, as well as the email domain. That’s more than enough information to find them by, and from a quick Google search I can tell that they are a major PR firm. I wouldn’t be surprised if they were in the process of blacklisting you, something that would be entirely your fault due to jumping the gun and not doing your due diligence as an editor and checking to make sure that your review was in compliance with their requirements.

    >We had authorization to use the footage seen in the review.

    But you didn’t have authorization to use “Stand by Me”, as evidenced by the claim coming from UMG and not SquareEnix.

    >You have no idea what I did during E3

    Sure I do. It’s called “read NicheGamer E3 articles, wonder why they aren’t up to previous article standards or similar articles from other websites, read your Twitter and see frequent mentions of you and your staff partying in your hotel room, receive answer”.

  • EvanPearks

    Why not contact UMG and ask them if you can use more than 30 seconds of her song to cover up for your grade school tier editing skills?