Is it illegal to record gameplay?

Is It Illegal to Record Gameplay?

In today’s world of gaming, screen recording has become an integral part of the gaming community. Many gamers record their gameplay to share with friends, family, or even a wider audience on social media platforms. However, this raises an important question: is it illegal to record gameplay?

Legal Basis

To answer this question, we need to consider the legal basis that regulates the recording of copyrighted works, including video games.

Copyright Law

The Copyright Act of 1976, as codified in 17 U.S.C. §102 (b), states that copyrights protect "original works of authorship fixed in a tangible medium of expression" (U.S. Code, 1976).

Gameplay vs. Game Code

There’s a crucial distinction between a video game’s code (e.g., game physics, AI, level design) and its gameplay mechanics (e.g., level progression, character skills, interactions). The gameplay, being a derivative work of the original game code, is protected by copyright, but the code itself may not be.

Reproduction and Distribution Rights

Under 17 U.S.C. § 102 (a), authors and creators have the exclusive rights to reproduce and distribute their original works. The recording of gameplay constitutes the reproduction of a derivative work, which is also regulated by copyright law. Specifically, Section 109(a) of the Copyright Act prohibits the unauthorized reproduction or distribution of copyrighted materials without the owner’s permission.

Permissible Use of Video Game Content

Under copyright law, there are provisions that allow for limited exceptions and permissions. The Berne Convention for the Protection of Literary and Artistic Works (1886), to which the United States is a signatory, allows for the "manner of transmission" or the "means of distribution" to be used by consumers, without the copyright holder’s authorization. In essence, this provision permits players to record and share gameplay segments for personal, non-commercial purposes.

In-Scope vs. Out-of-Scope Recordings

Recordings made exclusively for personal, non-commercial purposes (in-scope recordings) may fall under the Berne Convention exception, but recordings pursued for commercial gains (out-of-scope recordings) violate the reproduction and distribution rights as mentioned above.

Platform Policies

Major video game platforms, such as Sony, Microsoft, and Valve, have their own community guidelines and terms of service. While these guidelines aim to protect creators’ and publishers’ interests, they may not directly restrict screen recording.

OBS Recording

Obtaining a separate app like OBS (Open Broadcast Software) allows you to record gameplay without sharing game data or personal information, which reduces the legal uncertainty. OBS captures only the visual aspects of the game, free from the game code itself.

Conclusion

While the recording of gameplay, as a derivative work of a copyrighted game, constitutes reproduction and distribution rights that require permission, the 1976 Copyright Act provisions and Berne Convention permit limited exceptions for non-commercial, personal use.

In summary:

• Screen recordings of gameplay are copyrighted under 17 U.S.C. § 102(b) and require permission unless:
  • You own the copyright or are entitled to use the material without permission (e.g., fair use).
  • You use the game purely for personal, non-commercial purposes.
• To safely record gameplay, you must ensure:
  • Commercial intentions are absent (if recording for personal or shared enjoyment).
  • Fair use principles are adhered to (if the content provides a new perspective or unique value).

Tips

• Record gameplay exclusively for personal, non-commercial use.
• Use tools that only capture visual data (e.g., OBS, ffmpeg).
• Avoid claiming or profiting from gameplay elements without explicit permission.

For AdSense, you will be eligible to monetize gameplay recordings only if your subscriber count meets the specified conditions.