Update: Did You Know Gaming? Video on “Heroes of Hyrule” Restored on YouTube

Update: In response to a Digital Millennium Copyright Act (DMCA) counter notification submitted by Did You Know Gaming? (DYKG), YouTube has restored the channel’s video covering the unreleased Retro Studios-developed Zelda spin-off Heroes of Hyrule. You can watch the video, originally published October 2nd, 2022, right here.

 

If a video is removed from YouTube due to a DMCA takedown notice submitted by a copyright holder, as was the case above with a DMCA takedown notice submitted by Nintendo, the publisher of that video can file a DMCA counter notification if they believe, in good faith, that the original takedown notice was submitted in error and that the video has not infringed copyright. Once a (valid, as deemed by YouTube) counter notification is filed, the copyright holder must pursue legal action within 10 business days or else the video will be restored to YouTube, with YouTube removing any copyright strikes from the publisher’s channel related to the takedown notice and prohibiting that copyright holder from submitting future takedown notices on that particular video on similar grounds.

As frustrating and worrying as the process likely was, Did You Know Gaming? simply followed YouTube’s standard guidelines in order to get their Heroes of Hyrule video restored to the service. Nintendo will not be able to submit another DMCA takedown notice on the video by claiming the same alleged infringing material, though the possibility exists for the company (or another entity) to submit a takedown notice on the video for a different piece of content that allegedly infringes their copyright. Fingers crossed that that doesn’t happen, as DYKG’s video is very likely an example of fair use, which permits “use a copyrighted work without the copyright owner’s permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research,” according to the Copyright Alliance.

Original: A few months ago, popular YouTube channel Did You Know Gaming? (DYKG) uploaded a video covering a cancelled Zelda game for Wii focusing on the Sheikah tribe. Development was slated to be conducted by Retro Studios and DYKG’s investigative prowess uncovered much of interest through interviews and uncovered documents. You can see Zelda Dungeon’s coverage of this video here. More recently, DYKG uploaded another video containing more information uncovered from this investigation. Made in conjunction with popular YouTuber Zeltik, it centered around a DS Zelda tactics title that Retro pitched to Nintendo called Heroes of Hyrule. Zelda Dungeon has also covered this video, which you can read about here. Unfortunately, that video has since been removed due to a copyright strike levied by Nintendo.

 

The team at DYKG tweeted about the video takedown with some scathing words for Nintendo. They argue that their video was entirely journalistic in nature and that the takedown represents Nintendo’s attempt to bury critical journalism. Furthermore, it is described as an attack on the preservation of video games and their history. DYKG is currently evaluating their avenues for having the video reinstated. Here’s hoping this content becomes available again sometime soon, as this is important information regarding our beloved Zelda franchise.

This is far from the first time Nintendo has flexed its might to stifle content creators. We reported earlier this year on the blocking of over one thousand videos on video game music YouTuber GilvaSunner’s channel, which led to the closure of the channel. Notably, these videos were completely unmonetized. Nintendo has also repeatedly claimed Let’s Play videos to make money off of the creator’s content. This is to say nothing of the aggressive stance Nintendo has taken against the accessing of games and music that they have refused to make available for legitimate purchase. There is much speculation about why Nintendo is so sensitive about their IP, even in situations that pose little harm to their interests. As the situation continues to be sorted, creators will have to be careful about the content they upload involving Nintendo properties.

What do you think? Did you get a chance to view this video? Should it be reinstated despite the copyright claim? Let us know in the comments below!

Source: Did You Know Gaming? (via My Nintendo News)

Image: Cheshire Cat Studios

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