So, I'm uploading a gameplay video to show off my weather and lighting mod - SkyReal.
It's a normal gameplay video with the vanilla sounds and soundtrack; no commentary. Just regular gameplay to show how my mod looks.

I noticed though that the video has gotten a copyright claim from third party sources for containing one of the soundtracks from Skyrim. What should I do? Should I confirm or deny the copyright claim?
Aren't gameplay videos allowed with the original soundtrack in them? I've seen tons of let's play videos that have that.

Third party sources you say?

Well, the actually copyright lies with Zenimax Media Inc. Everybody can fill in a copyright claim form on YouTube but that doesn't mean they have actually the real copyright on it.

If it isn't Zenimax or Bethesda who is claiming on your videos then you should deny it.

It's obviously some kind of automatic claim because it noticed the soundtrack in the background automatically. Almost nobody has seen the video yet.
The reason I don't wanna deny it so fast is because I read that if you do, your account could get punished if it's clearly not a valid denial or something.

Different publishers have different policies regarding Let's Plays. One company allows monetization, another one doesn't and a third one doesn't allow Let's Plays under any circumstances. That is why there are gaming networks on YouTube that make deals with publishers so that everyone in that network can make content containing footage from the publishers' video games.

Then there is the thorny subject of fair use...

So could anyone give me an answer of what I should do in this specific case? Anyone who got any experience with uploading Skyrim gameplay videos?

Do you have monetization enabled for that video? If so, you need to disable that. As far as I'm aware Skyrim videos can only be monetized when you're part of a gaming network on youtube like Machinima or Polaris (The Game Station) who arrange that stuff with publishers. As is the case with most games.

No it's not enabled. This is just a regular upload of a regular gameplay video.
Do you have any advice on what I should do? Confirm or deny the copyright claim? Or don't do anything at all? I don't wanna lose the background sound. It's pretty boring to watch a gameplay video with no sound.

Maybe call Bethesda tech support

You're kidding right? I mean, there are tens of thousands of gameplay videos. I don't think everyone of them called Bethesda tech support.

I'm asking people from experience, what they generally do in this situation. Confirm or deny the copyright claim? Or do simply do nothing?

I believe if you accept the claim, it will simply handle the video as the copyright owner has told it to. In the example of my mod showreel, I accepted the claim (For the music) and it simply monetized it, where the author of the music gets the money. It may do the same here. Views on your video could potentially earn Jeremy Soule or Bethesda money.

this is why bots are bad mkay.

youtube is the next big site to absolutely crash and burn, the way they treat their users is ridiculous.

this is just pushing someone to create another site that won't allow bots or automated copywrite claims.

greed is disgusting when mixed with convenience

Thanks for the reply. Was showreel something with Jeremy Soule's music in it, so that I can assume that the same thing will happen to me when I confirm it?

Unfortunately no. I used a piece by Two Steps From Hell. They're pretty cool, so all their claims simply get monetized for them. I'd assume Jeremy would be the same. If it gets denied or taken down, just replace the audio or find something else to put over it. But I SERIOUSLY doubt it will. An un-monitized gameplay video for your mod should be fine. Part of modding is that we get the "Rights" to use (Not for profit or monetization, but free) the music included with the game, so using it in your mod video should be A-Okay.

Thanks for the help. I'll confirm it and hope video doesn't lose its sound. If it does... I have to retake the video with soundtrack off.

Denying a valid and legitimate copyright claim would be stupid. You could lose your YouTube account.

It also varies depending on where you are in the world, as separate local deals may be in place.

I made a video called something like Skyrim Queen Dragon Attack, which was a pastiche of my first character playing Skyrim in time (partly) to the music of Queen's "Dragon Attack" from The Game album. I acknowledged the copyright claim and no problems. There was just an advert inserted into it.

I made another for my Druid spells, Moonlight, Starlight and Sunlight - Sunlight bathes the area in golden-yellow light and sets fire to Undead. I used Ozzy Osbourne's "Zombie Stomp", acknowledged the copyright claim and it got blocked in Britain and Australia and probably a lot of other countries.

Gits.

~.~

Okay, so different consequences for different kinds of copyright material. I wonder what Zenimax's deal is with youtube. Does anybody know? Is it simply an ad? Because I don't wanna block my mod video for some countries. That would be ... not good.

I know they don't require gaming partnerships (Like Ubisoft or EA), so I think they're cool with it. As long as it falls under fair use. (Review, education, etc.)

If you just uploaded a silent (No voice from you) video of gameplay I don't think you could monetize it. It could still be on Youtube though. I don't think they care. Most copyright issues come in with monetizing, otherwise it doesn't matter most of the time.

You may have no choice. As you say, there are thousands of Let's Play Skyrim videos on YT, many with the in-game sounds and also a voice over. They didn't get blocked. Maybe if you did a voice over, there'd be no copyright claim? Or maybe everyone else just acknowledged the claim and that was the end of it?

Funny thing is, if I log in with the account I use to upload, I can play the Zombie Stomp Sunray Mod video. But if I log in with my normal browsing account, I can't - "Blocked in your country on copyright grounds" (I'm in Britain, I have friends in Australia - not sure about other countries). Queen's record company doesn't mind, but Ozzy's seem to not want that song available, even though you see entire albums on YT. There is quite a time-lag between the release dates of those albums, but I don't know if that matters.

I really don't know what happens if you ignore a valid claim, but if you deny it you could open a world of the brown and smelly on your head. Best to check who the claim is from, as spurious claims are made all the time.

~.~