Nintendo Game
Content Guidelines
for Online Video
& Image Sharing Platforms
November 29, 2018
(Updated September 2, 2024)
We are humbled every day by your loyalty and passion for Nintendo's games, characters and worlds, and respect that you want to be able to express yourself creatively by sharing your own original videos and images using content from our games.
As long as you follow some basic rules, we will not object to your use of gameplay footage and/or screenshots captured from games for which Nintendo owns the copyright ("Nintendo Game Content") in the content you create for appropriate video and image sharing sites. To help guide you, we prepared the following guidelines:
- You may monetize your videos and channels using the monetization methods separately specified by Nintendo. Other forms of monetization of our intellectual property for commercial purposes are not permitted.
- We encourage you to create videos that include your creative input and commentary. Videos and images that contain mere copies of Nintendo Game Content without creative input or commentary are not permitted. You may, however, post gameplay videos and screenshots using Nintendo system features, such as the Capture Button on Nintendo Switch, without additional input or commentary.
- You are only permitted to use Nintendo Game Content that is generated after the game has been officially released (release information may be found here), or if it is from promotional materials officially released by Nintendo (such as product trailers or Nintendo Directs).
- If you want to use the intellectual property of a third party, you are responsible for obtaining any necessary third-party permissions.
- You are not permitted to imply or state that your videos are officially affiliated with or sponsored by Nintendo.
- We reserve the right to object to any content that we believe is unlawful, infringing, inappropriate, or not in line with these Guidelines. We reserve the right to no longer allow the use of Nintendo Game Content in case of such violations.
Please understand that we will not be able to respond to individual inquiries regarding these Guidelines. Also, we may update these Guidelines from time to time, so please refer to the latest version before sharing your content.
If there are special provisions in other Nintendo guidelines, please follow those guidelines as well.
- Q1:What types of content are acceptable under the Guidelines? What types of content are not acceptable?
- A1:We encourage you to use Nintendo Game Content in videos and images that feature your creative input and commentary. For example, Let's Play videos and video game reviews are within the scope of the Guidelines.
However, you may not simply upload or livestream an existing Nintendo video, gameplay footage without your own creative or editorial input, or a copy of content created by someone else. For example, mere copies of Nintendo promotional videos, trailers, tournaments, music, gameplay sequences, and art collections, etc., or content that can be considered equivalent, are outside the scope of the Guidelines. - Q2:Do the Guidelines only cover video uploads, or can I livestream my videos as well?
- A2:The Guidelines cover both uploads and livestreams.
- Q3:What do you mean by "appropriate video and image sharing websites"?
- A3:We are referring to the most commonly used video and image sharing platforms such as, but not limited to, YouTube, Twitch, and Instagram. However, we reserve the right to object to any content that we believe is unlawful, infringing, inappropriate, or not in line with the Guidelines (see A11 below).
- Q4:What exactly are the "monetization methods separately specified by Nintendo" as referred to in the Guidelines?
- A4:Currently, the "monetization methods separately specified by Nintendo" include the following*:
- Facebook/META - Partner Monetization;
- Niconico Douga/Niconico Live - Niconico Creators Program, Niconico Channel;
- OPENREC.tv - OPENREC Creators Program;
- Twitch - Twitch Affiliate Program and Twitch Partner Program;
- X (Twitter) - Premium, Subscription Program;
- YouTube - YouTube Partner Program;
- TwitCasting - "Item Revenue" and "Video Ad Revenue" in TwitCasting; Monetization Program;
- 17LIVE - Gift; and
- Instagram - Subscription model, Bonus Program
- Q5:Can I sell content that I create and upload or livestream on a sharing platform if it includes Nintendo Game Content?
- A5:No, you may not sell any videos, music, or images that you created using Nintendo Game Content.
- Q6:Can I create, upload, and livestream content that is based on other Nintendo intellectual property, outside of gameplay footage and screenshots (such as, fan art, music, etc.)?
- A6:The Guidelines only cover the sharing of Nintendo Game Content on appropriate video and image sharing sites. Any other use of Nintendo's intellectual property and creation of content outside of this scope is subject to the relevant laws of the applicable jurisdiction. Nintendo cannot provide legal advice to you, so we encourage you to seek your own legal counsel if you have any questions about whether your particular proposed use is permitted.
- Q7:What if I record someone playing an unreleased game at a public event, such as a gaming expo?
- A7:Please keep in mind that most public events have filming guidelines, and you are responsible for following those guidelines. If you are unsure, please check with on-site staff before uploading or livestreaming your video. We also reserve the right to object to any content that we believe is unlawful, infringing, inappropriate, or not in line with the Guidelines (see A11 below).
- Q8:I am planning to host a gaming tournament using games for which Nintendo owns the copyright, and upload or livestream a video of that tournament on the applicable video and image sharing sites. Are these activities subject to these Guidelines? Also, is hosting a game tournament covered by this guideline?
- A8:Uploading and livestreaming gameplay videos of games for which Nintendo owns the copyright to on video-sharing sites is subject to these Guidelines. However, when hosting a game tournament, please follow the Community Tournament Guidelines. In addition, when posting or monetizing gameplay videos of game tournaments hosted in line with the Community Tournament Guidelines, it is necessary to follow the contents of those guidelines in addition to the Guidelines written here.
- Q9:Under the Guidelines, can corporate entities upload or livestream videos and screenshots using Nintendo Game Content?
- A9:The Guidelines are only applicable to individual consumers using Nintendo Game Content.
- Q10:Will there be cases where Nintendo will remove content from sharing platforms?
- A10:Yes, we reserve the right to remove any content that we believe is unlawful, infringing, inappropriate, or not in line with the Guidelines. In some cases, Nintendo may take down videos on behalf of our third-party partners.
- Q11:What do you mean by content that is "unlawful, infringing, or inappropriate"?
- A11:Examples of unlawful, infringing, or inappropriate content include, but are not limited to, content that incorporates Nintendo intellectual property and:
- Violates relevant laws;
- Infringes the intellectual property rights of Nintendo (including but not limited to the unauthorized use of copyrights in the game characters, story, visual elements and music and/or registered trademarks);
- Involves illegally copied or modified game software, game software produced using Nintendo's copyrighted material without Nintendo's authorization, or game software obtained illegally;
- Shows how to use software and/or devices that circumvent security measures deployed by Nintendo to protect against infringement of its video games and console systems, such as emulators and/or other circumvention software;
- Involves actions that may be considered to impair the gameplay experience in multiplayer modes, such as intentionally disrupting game progress;
- Features graphic, explicit, harmful, or otherwise offensive content, including statements or actions that may be considered offensive, insulting, obscene or otherwise disturbing to others;
- Interferes with the proper operation or impairs the safety of Nintendo's products or services;
- Involves cheating, cracking, unauthorized access, circumvention of technical restrictions, unauthorized modification, or use of objects, tools, or services that enable such cheating, cracking, unauthorized access, circumvention of technical restrictions, or unauthorized modification;
- Features unauthorized game consoles and/or software not licensed by Nintendo; and/or
- Features video, images, sound sources, etc., that cannot be used in regular gameplay, extracted through game software via data mining or other methods.