Fair Use of Hermitcraft?

Xisuma Says Playlist ► • Xisuma Says
Is it okay to use the Hermitcraft name for your projects? Where is the line drawn on fan art versus a copyright issue? Xisuma clarifies the issue to help you decide what is okay, and what is not!
Taken from the Hermitcraft Seven (92) Livestream 20/11/20
• Hermitcraft Seven (92)...
Edited by Adam Aarts
/ adamaarts
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#xisumasays #hermitcraft #xisumavoid

[@Slyburn]

An advantage to hermitcraft recap is that it is essentially free advertising for the smaller hermits.

[@emilioovalle3070]

Yeah, recap is one of the reasons I started watching people like Etho and Xisuma

[@scottking6481]

Absolutely Joe Hills is a national treasure

[@Joe_Pittard]

I didn't watch anything other than mumbo until recap, now I watch scar, xisuma, joehills, false, and grian.

[@leovaldez6280]

@@scottking6481 yeahhh

[@DanStoneUK]

And on the other side it could pull revenue from other members as the recap could leave you with no need to view the full videos on their own channels.

[@mrspiderbricks9634]

Do you wanna use “stir the pot” or “raise a few eyebrows”? Xuma: “stir a few eyebrows”

[@sstingreii]

Hmm yes very tasty eyebrow soup my favorite, especially with salt and pepper with pebbles on the side.

[@sennemichiels6748]

One of the few times I don't dislike a meme in the comments. Good work.

[@jonomoth2581]

Or alternatively raise the pot

[@dinosaucepan]

Ahh yes my favourite eyebrows with a side of noses and a sprinkle of teeth! 😋

[@tumblingartist]

Hmmm :/ 4:32

[@bumbobaggins]

The good thing is that they asked, instead of doing it without permission

[@itstomatogear6806]

Congratulations 🎉👏 of being the top comment 👍😁 (as of now 😈)

[@CZghost]

Yeah. Some people just outright steal. The bad thing is they may ask and be told "no", yet they still do it anyway. Then not only they violate law (cause when they're told "no", there might be a good reason for that in laws), they actually disobey a rightful decision of the content owner AND THEREFORE violate law as legally speaking, they arranged an agreement and it was declined, yet they still do it without permission, especially when told not to do. Doing something that was declined in an agreement arrangement, that violates quite a few laws (and yes, even verbal agreement is in a way a binding contract, though it should be coverable by some sort of evidence that this agreement happened - a non-biased witness is enough actually, it doesn't have to be recorded - though written form of agreement is always better and preffered as opposed to verbal one).

[@dungeontnt]

@@itstomatogear6806 not eny more

[@dungeontnt]

@@shiny.mega.metagross3764 ok all good

[@GirixK]

A guy I know asked a game dev "can I disassemble your app?" and he said "You're not the first to try, but you're first to ask, so go on"

[@Pixlriffs]

I think the Recap has really benefited from the path it took: having a closer relationship with the Hermits in the early days, then clarifying it was a fan work once it started to gain its own popularity. We're fortunate to have been on good terms with the server from day one - and we still create our show with a deep respect for the Hermits. We see it as our role in the community to celebrate the hard work we see from everyone on the server, and help viewers understand there's more to Hermitcraft than its most popular creators; we try to put everybody on equal footing, in the hope that viewers are going to seek out the Hermits' channels they might not have found yet. We recognize that we operate in one of these fan work 'grey areas', but we hope that we're doing more good than harm in that space. With that said, we do what we do with the understanding that if any Hermit wasn't happy with their footage being used, we would pull them out of the recap, no questions asked. We've had guidance from members of the server in the past, steering us away from jokes they feel misrepresented them, or plot lines and projects they thought should be taken a bit more seriously. At the end of the day we're just fans, we don't expect any preferential treatment - but we've often had the benefit of the Hermits approaching us with mutual respect and treating us as equals, which is very kind of them.

[@hisodoyuhus]

😳

[@thatguyok154]

@@hisodoyuhus o wow pixlriffs

[@forresttm]

In my opinion, the recap is a great way to see what most hermits are doing, not just the ones I follow. I have subscribed to other hermits because of the recap. It improves other hermits views

[@FaffyWaffles]

The Recap is doing gods work

[@elibright767]

@@FaffyWaffles right, I don’t have enough time to watch EVERY hermit, yet I can still keep up

[@elybeatmaker]

The moment you create a video, a song, a drawing, a photo, you own the rights to it. (If you have permission to use everything you used to make such content.) Meaning you can allow or disallow any type of use by anyone else. It's called copyright. It's your decision. Hermitcraft as a group has the right to protect its own brand. A lot of people see me as a "honorary" Hermit, but I'm definitely not and I make sure to make it clear that I'm not associated with the group. I'm a fan artist and I make sure to ask the people I use content from for permission. (When possible of course. I do not have contacts with some people.) If a hermit ever contacts me asking me to stop, like you said, I will 100% respect that. If anything, I've gotten a lot of comments telling me that people have found new KZbinrs thanks to my songs and that always makes me happy. I'm glad you talk about these things.

[@nxmbskxllery]

Thank you for going into depth with this as well. Btw, I love your work. All the remixes of the Hermits themes you thought were nice was really fun to listen to.

[@ad-chi5920]

it's refreshing to see some people knowing and agreeing with the copyright terms. after all, it's those same copyright terms that stop people from stealing their art, and other things like that. alas, you never truly understand copyright till you become a creator... also your remixes are stuck in my head. *i love it.*

[@NStripleseven]

Good way of looking at it, actually.

[@LycanMOON]

Good explanation ely

[@iraynaethanjeremiahalicias5105]

A Lot of viewers like your videos

[@vsaucefan7876]

Hermitcraft Recap saw themselves in the thumbnail and had a heart attack

[@MikeHeath]

Why? They don't need the Hermit's permission to do what they do. Their content clearly falls under fair use.

[@desaifamily8239]

I’m pretty sure that hermits are fine with that cus zloy and pix are both well respected members of the community, and they are helping hermit fans, along with their own channels

[@Zeldinion]

@@MikeHeath Did you watch the video at all

[@koinu.df_]

@@Zeldinion do you even know what fair use is my guy? its transformative enough for it to be fair use

[@iloveowls90]

And one of the recap people posted in the comment section of this video.

[@cremet1308]

i feel like some people need to hear stuff like this sometimes just to bring everyone back down to earth

[@Sage8981]

Indeed. Have to reign in that entitlement every now and tgen.

[@itisi07]

Exactly, some people just need to learn to practice putting themselves in someone else's shoes. Chances are, they too wouldn't be so keen of some stranger profiting from their work (in terms of money or views/clicks), so why would the hermits feel any different? No need for discussion.

[@mlgpeppa1232]

you sound serious, but the pepe...

[@abc6568]

sad pepe

[@eatyourcreal9365]

@iRewarp xisuma jokes kzbin.info/www/bejne/l2LNaqKtd9qqmrM

[@wrex4699]

Don't know why some people find saying "No" offensive, you literally ask someone for their opinion and boom they tell it and they have valid reasons to

[@troo_6656]

Because many people think you are going to say yes, no matter how unrealistic it is. Sad story, but it seems like case of "I will ask because I have to, not because I want the other person to make an honest decision".

[@jucom756]

Apparently an open question with "no wrong answers" does have wrong answers. Consisting of everything the asker doesn't agree with. Because that obviously makes so much sense and doesn't seem like an authoritarian mindset at all...

[@DunnickFayuro]

We raise kids from the craddle with no right to say no to them. (I work in education) This is the result.

[@tobiassiagian2562]

@/X/EN are you one of the app developers? Lol

[@wrex4699]

@@DunnickFayuro Mega true, so many kids today are spoiled

[@clownboy84]

I really like the recap, I started only watching mumbo, but when I started watching the recap I then got to know the other hermits and now watch almost all of them.

[@victorcaldera249]

me too

[@jaspboynl8094]

same for me

[@user-mx8yn2vi3q]

I found out a about X making the idea store last season from recap and that’s why I started watching his videos

[@staliaoftheknife9623]

@@user-mx8yn2vi3q which is actually pretty funny considering that hermitcraft is Xs server lol

[@user-mx8yn2vi3q]

@@victorcaldera249 yeah :P

[@bleachchugtidy2178]

Another thing is safety, a recurring issue with servers, games and fansites is owners exploiting children, a good example is the club penguin online situation. Considering the hermitcraft fanbase is mostly younger people who can be exploited very easily and that it is very difficult to completely background check everyone and everything it is the most sensible idea to just ban anything that would facilitate gameplay or communication.

[@awesomenesschanel]

what happened with club penguin?

[@IridescentTwilight]

@@awesomenesschanel This video by The Right Opinion is an hour long, but it really goes in depth with their video essay on what happened to Club Penguin. kzbin.info/www/bejne/mKLEnXVtg96qp7c

[@alpenglowup]

This is a really, really good and underrated point.

[@lesthodson2802]

Yeah, only the *real* Hermitcraft people are allowed to abuse a young, impressionable fanbase!

[@archwhynot]

@@awesomenesschanel Club Penguin *online*. Big difference between Club Penguin and Club Penguin Online

[@fathin7841]

Someone: **ask xisuma for permission** Xisuma: **politely says no** Someone that isn't even related to the person that is asking for permission : **gets offended**

[@arvid1190]

Because what he says could be easily misconstrued, which is why I imagine some people may take offence. I like Xisuma a lot, but I wasn't entirely on board with what he was saying here. The whole point of fair use is that a referencing work can be made even with the express purpose of making money, WITHOUT the permission of the author of the referenced work If everything that referenced something else would need express permission we could have no free press or culture. Xisuma's own content relies on fair use. It is a cornerstone of our democracy. The only thing that matters when it comes to making referencing art or similar content is whether or not it's transformative in nature. If I wanted to I could literally make a game called "Crafting 'Ermits" or whatever, featuring parodies of the hermits - and sell it, without any permission whatsoever. That's how a lot of culture works.

[@shwingleman]

@@arvid1190 the thing is, *the people who asked him didn't get offended*

[@couchpotato4928]

Twitter in a nutshell

[@arvid1190]

​@@shwingleman saying that people get "offended" implies irrational indignant attitude. People might simply disagree with his stance. Of course the effect of having someone disagree with you is multiplied if a lot of people follow you on social media.

[@shwingleman]

@@arvid1190 people got offended, you don't cause a controversy over a disagreement.

[@shaharshalgi167]

I feel like recap is transformative enough to be considered their own content

[@kealintheknight9420]

As long as they don't monetise the vids then its fine. If they make money of content others worked hours to make, by simply compiling a bunch of clips together then that's very scummy and does not fall under fair use

[@amitverma-sr2ik]

@@kealintheknight9420 I mean they have to make a proper script and all and the clips usually are mostly in background or 30 seconds of hermits speaking

[@sam-ch6hv]

@@Anonymous_Dab how do they steal content? they write their own scripts, and summarize the week of Hermitcraft. They use clips for context, and barely include the hermits talking. It is fair use. Movie review/summary channels aren't shut down for that, why should they?

[@sam-ch6hv]

@@kealintheknight9420 thats... not what they do? have you watched an episode of Hermitcraft Recap?

[@xJamesLaughx]

@@Anonymous_Dab Ahh see that is where you are wrong. Because that channel falls under the Fair Use Clause of the Copyright Laws. Fair Use Laws allow for the use of copyrighted material as long as it meets certain requirements. In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner Example ALL of weird Al's songs did not need the original artists permission to make his songs but he still asked out of respect for the artist That channel falls under the commenting on and news reporting part of the Fair Use clause of the copyright laws as they do a break down of events that have happened with their own commentary on it. www.copyright.gov/fair-use/more-info.html " Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses-such as criticism, comment, news reporting, teaching, scholarship, and research-as examples of activities that may qualify as fair use. "

[@streamdungeon5166]

This is like the question from a stranger "can my kids come into your garden and use your pool?"

[@A2ne]

what's worse is when they use your pool without your permission, one of them drowns and then you get sued

[@silver-pearl]

Oh it's worse. It's like 'Can I take your pool because you have one?'

[@duon44]

@@silver-pearl can i use your pool and make people pay to use it as well?

[@noivernblast3366]

@@A2ne this is very specific, did something happen???

[@pfshshshhplsss5721]

Ashton Minden lol yah sounds like ur talkin from experience-

[@monkeyorsomethin]

What if I watched this on mute and I literally just watched him build portals for 10 minutes

[@damiankaleomontero496]

Make it a loop

[@benrex7775]

@@damiankaleomontero496 That response is better than the comment.

[@damiankaleomontero496]

@@benrex7775 thanks

[@kiranakepakisan3260]

I'm watching on mute while reading the comments rn 😂

[@Cheesehead302]

This conversation kind of reminds me about how Mindcrack broke up back in the day. A lot of the members weren't cool with the brand becoming more corporate and what not, and I totally respect that you are considering what the other members of the server want.

[@MikeHeath]

It wasn't the brand protection that was offending, it was the revenue sharing among members that was offending.

[@shrekecomment8056]

@@MikeHeath ikr kzbin.info/www/bejne/l2LNaqKtd9qqmrM

[@Cheesehead302]

@@markqurf I'm not claiming this. I mean I think it's just a bunch of misunderstandings and what not, I don't think Guude is a bad dude. I just think this seems a little bit similar in that it has to do with the idea of Hermitcraft as a brand.

[@kyryzard]

@@shrekecomment8056 can't be a hermitcraft video without this.

[@milliondollarmistake]

This entire video sounded very corporate though.

[@3braincelled-spaceboss451]

Short Recap: Stranger wants to make a game named Hermitcraft. Xisuma said no, People are saying that is rude and begging that Xisuma should say yes. Me: I would say No and that's it no response

[@Mobilizes]

just use different name lol

[@jyutifloy]

people seriously starting drama for this???

[@zackrose6261]

But here is the thing, he can't copyright the title hermitcraft, he and the others have to offically make it trademarked and what not, until then, the title hermitcraft is public domain and can be used by anyone.

[@squadnft5176]

@@zackrose6261 never gonna kombat you kzbin.info/www/bejne/l2LNaqKtd9qqmrM

[@JKozlovable]

@@zackrose6261 Honestly, that kind of thinking is ungentlemanly. I mean, not saying that you personally endorse it, but relying on technicalities to disrespect and exploit someone else's work, on the grounds that it is technically "LEGAL", is all sorts of wrong. And it would give ground to the notion of legally calling you a *prick*.

[@spilltherainbow]

Whenever I make fanart or a "fanimation" of Hermitcraft I always make sure to credit whoever or whatever is featured in it. I respect the Hermits and their content. They take time out of their life and create videos for the community.

[@baronofclubs]

It might be a good idea to reach out and procure a license to publish your work in the future. A license doesn't even need to cost anything, but it protects both parties in the advent of a dispute or even a misunderstanding.

[@arvid1190]

​@@baronofclubs It can be done as a courtesy, but legally (and I think morally as well, in this instance) it is absolutely not needed. There's a president for producing referencing culture or media, throughout all of modernity. The whole point of fair use is that culture workers can ply their craft WITHOUT permission - sometimes actively going AGAINST the wishes of the author or creator of the referenced work (whether it's a person, brand, corporation or what have you). If SpillinRainbow was just reuploading content that they did not make they would obviously need a license from the copyright holder, but since they are an artist doing referencing art they absolutely do not need anyone's permission. This concept is at the very core of our democracy. We couldn't have free press or culture without it.

[@baronofclubs]

@@arvid1190 Fan art is subject to the same copyright standards as anything else. Legally speaking, it is required, but in practice it is generally unenforced, as copyright holders suing the fans for small derivative works is generally bad publicity and often more expensive in legal fees than the damages they might hope to collect (there are also intricacies involving fair use in the US, but in general, those apply more to parody and criticism.) Derivative works are the domain of the Copyright holder, in which fan art falls under by definition. It all comes down to scale. If I produce a 30 second animation of my favorite KZbinr doing a comedy sketch, that will generally be unenforced, however the copyright holder has every right to claim the monetization of that animation. If I produce a two hour animated movie of Batman, that will generally be seen as something more substantial and DC Comics will sue me for everything I am worth, as is their right. Where the line lies is up to the copyright holder and can be enforced at any time. Morally speaking, I agree with you, however. Not only is it a bad business practice for a copyright holder to litigate every instance of a fan drawing a character, but it is also downright mean. This doesn't stop anyone from being mean in court though.

[@Stettafire]

@@arvid1190 Fanart is not protected by fair use. So getting permission is absolutely a good idea

[@orena932]

Today: a lesson on consent. X doesn't need to give you a reason, no means no.

[@justjaein]

@@jacksonharris4864 what relevance does this have to the comment

[@jacksonharris4864]

@@justjaein it’s not related to the comment, it’s related to the whole video. Idk why I even replied instead of making a separate comment. But Twitter is, indeed, retarded. The point is that people argue to much to get likes and follows and shit but it’s just stupid.

[@eatyourcreal9365]

@@jacksonharris4864 lolkzbin.info/www/bejne/l2LNaqKtd9qqmrM

[@jacksonharris4864]

@@eatyourcreal9365 what!?!?!? Is this a threat?!?!

[@williamwontiam3166]

Yeah, and even if it’s a shitty reason, hell even if it’s an insulting excuse it’s still a no.

[@vikyantakinawa5450]

I am so glad you're okay with the recap. Cause if I could, I would watch every Hermit. But given that I am busy, it helps out a lot so I don't fall behind on the shenanigans on the server. And ontop of it, I like Zloy and Pixl's content on its own.

[@bleachchugtidy2178]

Recently there has been a problem on Twitter with dream smp fan accounts posting gore videos, this also happens with the kpop community and other large fanbases. It's done in a way that disguises the content where the first few seconds is a compilation of fanart or clips and then it switches to graphic gore videos. I'm not sure if this is happening with the hermitcraft community but it's something to watch out for.

[@GabrielShitposting]

The Hermitcraft fanbase hasn't have an explosive growth so I doubt there'd be a mass amount of troll accounts going around, that tends to happen when any community grows too fast, too quick. HC has had some spikes of growth but not anything out of hand.

[@ThylineTheGay]

That’s why you watch fan videos on KZbin not twitter.

[@shrekecomment8056]

@@ThylineTheGay LoL kzbin.info/www/bejne/l2LNaqKtd9qqmrM

[@Cyrex64]

Twitter Community Is Just A Bad Fucking Thing.Sorry For Swearing I Apologise But Just Looking at the whole twitter community is just so bad I cant even look at it. 90% Of twitter is just Toxic,BS,Disturbing Just really Bad like the MAP community, Zoo-philes, And everything you've mentioned is just really really bad sh*t thats happening in it. I really suggest go out of twitter, But if you just use it for content creator updates like from xisuma for example its definitely okay, Twitter is just filled of reaalllly bad sh*t so, Do it on your own risk or you'll never gonna sleep because of what you saw on a random video somewhere else

[@Firestxr]

@@Cyrex64 It's the loud minority. I'm pretty sure I saw a statistic somewhere about how 10% of people make up 90% of tweets

[@theclassic5170]

im just enjoying the stone placement lol

[@nanichannel4352]

XD

[@gusmatossian2494]

S A M E

[@Banshee-7]

(Y) Same

[@shrekecomment8056]

@@Banshee-7 samekzbin.info/www/bejne/l2LNaqKtd9qqmrM

[@hokori121]

Same lol

[@JustDevon]

This is the most logical thing ever. How can people not get it?

[@romerjansen4387]

I don’t know people are just selfish I think

[@gdog8170]

ikr? they should have already got it straight away this is their name from their creativity and they have the right to agree or disagree for someone to use their name or rather server name

[@matts1603]

Because it's the internet and there will always be someone to take offence to whatever you say regardless of the context.

[@avian972]

Because they are young children or emotionally stunted

[@sandwich2473]

naivety would be my guess people don't always think through the potential downsides of anything like that, and always assume the worst

[@jamisenjohansen]

Interesting and complex topic. From my own artist perspective, I see submitting fan art to a content creator as kind of like giving a gift or a donation, in appreciation for their entertainment. It would feel very weird for me to profit off of fan art. I remember as a kid, when I was really into pokemon, I would start drawing my own pokemon comics, but then I realized there wasn't any future in doing that financially, and it would just invite a whole lot of problems. So I started creating my own stories in my own universes; and when I publish, it will all be completely from me. It's nice to feel excited and inspired by content creators, but as a content creator, you got to take that excitement and inspiration and try to think of your own thing to build with that.

[@nixoxia]

As someone who partakes in making fandom stuff I completely agree that when you are making something it feels strange to even think of using it for profit. I feel like there is a big rift in terms of fanworks, and most of the problems that arise with people creating fanworks is when people want to start charging for them.

[@SkimBee]

Xisuma is like the P.E. Teacher in a game you are playing, except he is independent from both sides and doing his own thing, and isn’t a P.E. Teacher

[@cooperhurst2639]

I don’t know what I’d do without hermitcraft recaps. I obviously can’t watch every hermit and I want to know what happens each week

[@sweepingpage1845]

It would have to hit three main criteria for me to consider it fair use. 1. Be transformative, creative, unique, etc. 2. Not compete very much, if at all, for views from the source content. 3. Not harm (or be able to control) the brand image of Hermitcraft or individual hermits. The recap hits all these points. It's transformative with good commentary and editing, and a distinctly different experience from watching the source videos. It might compete with the source videos a little bit, but it spotlights them in a way that brings them many more views than it takes away. Since it's a recap, they have no control over what the Hermits do or say. They could possibly lie or take clips out of context in a harmful way, at which point it would be reasonable for the Hermits to request they stop, but they would lose viewers as a result, and the problem would likely take care of itself.

[@seth6082]

Doesn't a free game hit all those points though?

[@rubixtheslime]

@@seth6082 If it stays true to how hermitcraft plays out, it could be considered not transformative. And if it's not extremely well polished, it could harm the brand as well.

[@RequiemPoete]

The third part isn't a requirement. Otherwise a reviewer couldn't give negative criticism of another work, like say a movie or song.

[@StephanieDaugherty]

Worth pointing out though, critical commentary is one of the more firmly established categories of fair use, and it absolutely can harm a brand or the value of a work. As long as that harm comes from the criticism itself and the portions of the work excerpted for critical commentary are the minimum reasonably required for illustrative purposes, then that would almost certianly be protected under fair use and fair dealing doctrines. If not for that, we'd have few if any negative reviews of anything on the internet, as rightsholders would have every incentive to try to use copyright law to strike down negative reviews.

[@MikeHeath]

That's cute that you have opinions about "fair use" as fair use is a well defined legal term. Items 2 and 3 do not disqualify fair use.

[@Blub_blubby]

Didn’t Etho leave Mindcrack because Guude wanted to merchandise it? If I remember correctly. Like he didn’t want to sign a waiver saying he had to agree to his name being used for merch and the brand

[@MehrGills]

Yes

[@shrekecomment8056]

@@miniciominiciominicio EEEEEEE Tho kzbin.info/www/bejne/l2LNaqKtd9qqmrM

[@stratoblast6996]

Isn’t that the reason why Hermitcraft exists in the first place, because Generikb didn’t want to sign brand deals and discuss in meetings?

[@miniciominiciominicio]

@@stratoblast6996 No. Hermitcraft exists because generikB wanted to play on Mindcrack and wasn't invited so he created Hermitcraft. Then when he got invited to Mindcrack he abandoned Hermitcraft.

[@rhilterbrant]

Mindcrack had to be trademarked because people were spinning up "Mindcrack" servers, that were not associated with Mindcrack, and the official Mindcrackers were being held accountable for what was going on in them. They wanted to avoid that, so they needed to formalize it, and Etho wasn't comfortable with his real name being linked to something publicly discoverable.

[@aschoenecke]

Honestly I thought Xisumasays was a fan reupload of the streams for a while! I felt bad for Xisuma so I stopped watching, but then in a main channel video he plugged for the channel, and it finally came together.

[@2jz735]

Lmao

[@cheeseypuff9819]

Lmao

[@etoinedevries7583]

Lmao

[@Duivenzijnfascisten]

Lmao

[@pipodrankje]

@@2jz735 liar

[@jamesboyce7517]

I always wondered if Recap was official, the fact that it was Pixlriffs made me assume it was. He's a good guy and a real content creator himself.

[@trhh07]

As well as the fact him and x have known each other for a while I think

[@Niki1A_]

The name of the recap channel literally includes "by fans for fans". This kind of implies that it's not official.

[@maxxysitlhou6266]

So is zloy

[@cdarklock]

Think of it like a band. Imagine Hermitcraft is a band. Now imagine going up to some band you like after their concert and saying "hey, I have made a game with your band in it, can I put your name on it and sell it?" How fast would they tell you to piss off?

[@cdarklock]

@@zappyapp There is no great example. Anyone who doesn't understand "don't sell things with other people's name on it" is clearly stupid, so the concept of an "example" is already too complex for most of these idiots.

[@shaunlobo940]

To be fair the guy that made game did not monetize it.

[@cdarklock]

@@shaunlobo940 Aww. That's cute. You don't know how this works. 1. Free game with popular name on it. 2. Bullshit ripoff offered to free game players. 3. Ripped off players blame popular name for ripoff. This isn't new.

[@zappyapp]

@@cdarklock ok bye

[@WICK_3D]

@@zappyapp uh oh, MasterZapple has spoken😳

[@masterman530]

I think the recap is good for exposure, I didn't know half of the hermits before I found HCR

[@shaharzamir88]

The moment you understand that all the building is 3 second in the timelapse

[@cheekybreeky7413]

Man I wish more people in the world were as reasonable and level headed about opinions as Xisuma is.

[@andrewraddatz1382]

its a mirricle this mans head hasnt exploded in frustration.

[@gordier6787]

Half way through I forgot this was on x’s channel and started to think someone else reuploaded a clip of x saying “don’t reupload”

[@hman4168]

well when he says "group of friends playing" i see Hermitcraft as a family Edited: stating my opinion that is how I see them

[@Drew1749]

It's a million dollar plus business. Dont be fooled by this swarmy rich dude

[@drakulaman]

@@Drew1749 Sure it is :)

[@Drew1749]

@@drakulaman it is. All the hermits are filthy rich.

[@kasakro9829]

theyre one big dysfunctional family :D

[@cs7811]

@d12345 not really... grian and mumbo are but a lot of hermits are just middle class normal people

[@rjamsbury1]

Totally reasonable to restrict use. You've all put loads of effort into making the brand and the effort to police random others would be prohibitive.

[@dunmermage]

* Notices that X is playing the Tiberian Sun soundtrack. * Ah, I see you're a man of culture as well.

[@aaron4832]

Praise it! Ion Storm approaching.

[@Nyerguds]

Pharotek. Lovely stuff.

[@lampboi1597]

Xisuma I really think that you should make this into a podcast because these are really interesting conversations to listen to and I’m sad that I can’t always just whip out my phone and get advice about all things life and I think that doing that would make a lot of people really happy

[@tumblingartist]

that sounds like a great idea, I would honestly love to listen to it

[@lampboi1597]

I know right it would be something that everyone could just listen to a few minutes of when they had the time and learn valuable life lessons while doing

[@kylecorral2772]

"isn't fan art the same as making a game that we are selling?" is not a real question. Just ignore people who say that

[@saaros]

i wonder what would've he said if the people making the game didn't have intentions on monetizing it. pewdiepie has gotten fan games in the past and the creators didn't sell them, and he seemed happy about them, so i wonder what would xisuma/hermits think about a game done about/inspired by hermitcraft this way

[@NStripleseven]

saaros I think if the game wasn't intended to become a source of monetization, they might discuss it, and potentially let it happen, though I do think it's kind of unlikely.

[@LycanMOON]

Fanart is a project just for you.just art of a person you like.a game is usually not like that (I guess it’s more if like a project that can include stuff without permission I just idk.I’m not really use to the term fanart as much as other terms because it isn’t the main thing I draw.I’d more focus on world building and my own characters but I can understand where you are coming from)

[@saaros]

@@LycanMOON not exclusively, as an artist myself that has made fanart; yes very often it is for me as a person and so is for many, but there's also a joy in both sharing it with others and having them gushing about "hey i also like this CC!" and/or the CC's themselves seeing it. i feel games can very much be like it, much like an interactive fanart in a way. i think it is possible to fall under that grey area as well if the intention isn't to monetize it. TL;DR: i think both can be passion projects and just pieces of art with the intention of admiral, for fun or otherwise.

[@qu765]

​@@saaros I believe that *a game is a form of art* and thus fan art. Games just bigger, so more work to make, more immersive to play, more rare in the world compared to fan art, more interesting (to the average pubic at least). The question goes to *other mediums of art, music, video, 3b models, stories.* And in all of these cases usually if it is *not directly stolen/ripped and not monetized* it is okay. *_So why should it not be the same for games!_* I _think_ that this is how the legal system works is that: Overall the creator gets to decide. But it can't be that some projects are allowed while some are not. For example, I repost a meme and you repost the same meme and the creator has terms and conditions that we both agreed to do and did not follow, then they can not simply sue you and not me unless I am associated with them. Now in terms of this debacle, if they don't want a monetized game to be released, then they can perfectly well do that. If they don't let a non-monetized game be released, then I think they shouldn't have but they perfectly well can. TLDR: You should just read it, but my opinion on this matter is that x made the right choice, but only because the game would be monetized.

[@enavoid6285]

2:24 Just to remind you that you can use Middle Click in survival too

[@KittenKatja]

If someone says you're rude, just because you say no, they out themselves as entitled people.

[@screamb0ii559]

I mean... What did you expect from Twitter they complain about everything

[@NirateGoel]

Complain isn't the right word. Twitter is a toxic cesspool. Twitter is the worst of humanity, with toxic behavior rampant. Be it the snowflakes or the phobics and the ists or the 'I deserve everything I want' lot. Twitter is not the place for a civilized discussion.

[@maxxiong]

11:40 Actually allowing that sort of stuff would be better done by allowing CC (captions) submissions.

[@redyau_]

Yeah, if YT didn't take that funtion away...

[@maxxiong]

@@redyau_ Oh that was removed?

[@rubixtheslime]

@@maxxiong Yes.... on deaf awareness week....

[@Chloelol]

@@rubixtheslime *yikes*

[@redyau_]

@@maxxiong Afaik yes :(

[@Chris_Cross]

I like how he specified that he wouldn't want people using his likeness. Uh, Xisuma... We don't know what your likeness is...

[@Chris_Cross]

@@RobABankWithABagel Yeah, that makes sense. It's just usually when people talk about their likeness it's their face. I just thought it was funny.

[@kapilbusawah7169]

@@Chris_Cross When I think of "likeness" I think of anything that can identify/ resemble a person or brand.

[@ecamiran4004]

He used to have an old video or few where you could see his body. But still not his actual face. And hey, that's his thing an I'm gonna respect that. Especially as a person who has done numerous semi anonymous projects in the past. The people not knowing who you are is nice, and it doesn't take from the content in any way. Just from older comment sections where people kept asking to see his face, and that's not in him because he repeatedly addresses it

[@jimmyboll7258]

He is a program. ^_^

[@liquidminds]

"I don't like it when people steal my likeness" "What's your likeness?" "ahm.... Doom-guy" xD

[@thomasalias8492]

I can't imagine adults who knows how business works are the ones who got mad. The most frustrating part about having a target audience of kids is having to explain simple concepts like copyright to a mob of angry ignorant children.

[@Stettafire]

This is why I pretty much only watch Doc or BDubs in the crew. Their audiances are older and more mature.

[@ulischmidt03]

they should have just call the game “crabcreate” or “introvertconstruct”

[@purplemosasaurus5987]

LOLLLLLLLLL

[@ceruchi2084]

Love how X is discussing "gray areas" while building up all those gray areas. Perfect symbolism!

[@CZghost]

Speaking of "Fair use" - as far as I know, Fair use isn't quite applicable in Europe, at least not the continental part of Europe. The copyright, while it is fuzzier in USA and by "fair use" they actually mean the copyrighted work can be used freely for educational purposes, criticism, commentary and parody sort of speaking. Not like that here in Europe. The copyright law in EU is more strict about copyrighted material and "fair use" as known worldwide isn't a thing here. We do have similar law for that, I do not know the exact name, and it could be actually called "fair use", but it's a little bit different and isn't exactly the spirit of "fair use" anyway. Basically, the only allowed exception for copyrighted work is criticism and commentary (while the commentary must be eighter criticism or educational character). Parody is somewhat gray area I do not actually know if it is allowed or not, but it is somewhat tolerated and especially memes aren't actually quite a subject for copyright violation. There were however few cases where a parody of a copyrighted material was actually persecuted and the creator faced jail for that, and of course a massive fine. It was basically a whole Lord of the Rings first movie (Fellowship of the Ring) overdubbed for parody, if someone is eager to know the details. Can't say much as I do not know full details on this, but I've never heard of the group that created it again. And speaking of Hermitcraft, my personal view to Hermitcraft Recap is that it is a nice form of enclosure of the week/month (I do not know if they make it weekly or monthly) of current Hermitcraft season. It is commented so I'd say Fair Use is satisfied, and I find it useful, especially for those who do not have enough time to watch every Hermit videos as soon as they go live or later as watching everything is a matter of several days and most people simply do not have time for that. Watching a recap gives a rough idea on how the Hermitcraft roleplay is evolving and when you catch another video just when you have time, you are not in dark as you didn't miss the important things thanks for the Recap. However, I'd ban people who make knockoffs and make their own server or another product branded as Hermitcraft, since it actually doesn't make sense, even if it is fan based project, and morally speaking, it is just wrong. First of all, it isn't fair use viable since it doesn't meet all requirements for it to be considered "fair use", and especially when they make money of it, it is straight just illegal. I would like to join Hermitcraft one day, but the real one, not some knockoff. I do realise that this is dream fairly far from to be true and I respect your decisions about the server as its owner. I know it is very hard to be eligible to be invited to join and one doesn't simply just apply. However, speaking of voice copyright - this is somewhat controversial topic. Saying "hey, you can't use my voice in your video" is rightful thing for the person speaking to do, but it does raise a little bit of controversy as there are some situations where this cannot be controlled, or could be very very hard to do. That is when you somehow accidentally get your voice in the video while filming it (especially when someone just films crowded place somewhere). The same thing can be said about face. Your face can get anywhere and you have no clue. You accidentally step into someone's frame just right at the moment of taking picture, and now you've got your face in there. Now what? Demand that picture to be deleted? The person taking the picture says it is his own private photo and you do not have right to tell him to delete the image. Then he decides to post it on Facebook, delightfully forgets to check privacy settings and posts it as "public" image. You can't do anything about that. I guess you could ask the user to delete the image or at least set privacy for the image so it isn't publicily open to be seen, but that's basically as most as you can do. He has a right to decline. You can actually flag the photo that "you're on the picture and you don't want to be", and Facebook actually takes action on that, but most people see that behaviour a little bit selfish and technically speaking, it is a gray area, too. Well, speaking of voice copyright in terms of remixes - I'd consider that as parody/fair use, and it is somewhat okay in terms of laws, but doing it without consent of the person speaking (and especially when that person doesn't like it) is highly unmoral and in edge cases even illegal. It is quite gray area, I agree, and there is a difference between remix from a known source (a video, podcast, etc. - basically a media source), or it is a recording without the person speaking knowing he's being recorded. The first one is legal and it is actually a "fair use" in North America, so the only harm done may be the person's feelings, the later one is illegal and you can face jail if you do that. I know one guy who makes remixes especially of Hermits - Elybeatmaker. Mostly Grian, Mumbo and I guess also Iskall. They're cool about it though, and even endorse it more. I've listened to few of the remixes and despite it being quite cringy, they're actually pretty good :)

[@baleygr9480]

About accidentally having your face on another persons picture: In the EU if that happens and your face isn't in the centre of the picture but just small in the corner or the picture was taken in a public place I think the person who took the picture can't actually get in trouble because you are not in the centre of it. Generally taking photos is almost always allowed, making them public however is a whole different thing. (If anyone wants to look it up search for DSGVO it's the law which regulates that stuff in Europe) Just wanted to ad this, pretty impressing summary tho

[@jackduchesneau1869]

Uh can you make this shorter

[@RequiemPoete]

A parody is generally allowed because they aren't ripping off an intellectual property, despite it being based on it. Look at Spaceballs. There is no doubt what work Spaceballs mainly parodies, but no where is anyone called Vader, or is anything called The Force or a Light Saber.

[@bearyblxssoms3585]

@@jackduchesneau1869 I don’t have enough brain power to read all this

[@CRAFTYKIDSCLUB19]

Jesus christ

[@jsnotlout3312]

You were not mean at all, you don't have to give them permission

[@arvid1190]

You only need permission if the product is commercial in nature AND isn't transformative. Fair use laws are in place specifically to protect independent critique and open discussion, REGARDLESS of what a copyright holder might think. Without this type of legislation we couldn't have independent press or culture, which is a cornerstone of our democracy. I know we're just talking about youtube videos here, and it's a moral discussion more than anything else - but it's important to remember why fair use is a thing in the first place. X couldn't do what he does for instance without fair use legislation - the very point of these laws is that a company like Mojang doesn't have to give him permission.

[@Stettafire]

@@arvid1190 No. Monitisation is not a requirement for a copyright violation. Just distributing it is enough to land you in hot water. Fair use is only a defence not a right it's also very hard to argue in court. Most fair use arguments fail.

[@chiefdvm1671]

Hey X, I read that tweet of yours you were first talking about and that person said that they would not be monetizing that game they were asking to launch on the iOS. But I agree with you, "games" related to the hermitcraft brand does not fall in the grey area you were talking about because a fan art cannot be consumed by other people similar to a whole game on their mobiles or computers. There are other complications involved with games.

[@SimonOpsi]

Unless the fanart is a cake and I eat it

[@RequiemPoete]

It's still a grey area, but definitely drifts farther away from the line than fan art.

[@EosDoesStuff]

Releasing a game on mobile is iffy, too, because a majority of the HC fanbase are kids, and if they see that on the app store they'll likely think it is official. Maybe releasing on a platform such as itch.io might be more acceptable, but in the end it's all up to the Hermits.

[@rib_rob_personal]

I’m wondering how old the person would be because launching anything on the AppStore costs a $100 upfront fee. I haven’t looked into publishing there for a while so I can’t remember the details. I’d be skeptical of someone saying this is something they want to do and not wanting to monetize it. Also, it’s their right to have a say about what their brand gets slapped onto. If that person still wants to publish the game they just need to re-skin it with their own IP, which isn’t as hard as starting from scratch.

[@chiefdvm1671]

@@rib_rob_personal i didn't know about the upfront fee, maybe I was ignorant. But yeah your points are totally valid and this is why I said that it wouldn't fall into the grey area. Btw that person also tweeted again to say that he understands X fully and to stop all the drama. Still anybody would be skepticle if a stranger is using your name on a unknown app.

As someone who creates fan art and fan animations I really really appreciate this explanation. Thank you!

[@romerjansen4387]

Hello x I totally agree with you opinions

[@dungeontnt]

xsuma Hermitcraft is big enough to be a corporation just sell 1%of the server to a nother hermit.

[@dungeontnt]

🤔

[@Alan_Shv]

it's not am opinion is a fact

[@shrekecomment8056]

@@Alan_Shv never gonna kombat you kzbin.info/www/bejne/l2LNaqKtd9qqmrM

[@edwardwilliams3216]

It seems really presumptuous of someone to just make something, then assume you'd be cool with ripping off your IP.

[@lagaming1211]

Xisuma, you have the most calming chats with your viewers. You're an awesome person!

[@YourCitizen]

A 12:50 video of "no means no" reflects heavily on humankind

[@ZenGaming-kn7mx]

Honestly, the Recap is so helpful to me. I watch Keralis, Mumbo, Iskall, Grian, Scar, BDubs, Ren, Xisuma, Impulse and Tango, and the Recap at the end of the week really helps me to keep track of who did what. I also love Zloy and Pixelriff's personalities and I find the scripts hilarious

[@Xilefian]

"transformative content" is the phrase you're looking for when it comes to what is "fair-use". Commentary (including parody) is a form of transformative content.

[@Crackers0106]

thank you xilefian from mojang

[@rustyshackleford5166]

It's important to note that something like a drawing or CGI is a thing you can look at and decide if it's OK to let it stay. Same with a video: once it's produced, you can look at it and decide if it should be taken down. With an app, it's more complicated. It's ever-changing and can also be sold not only to users but also the app rights itself. It would be unfortunate and potentially catastrophic if a theoretical HC app started off good and then was sold to someone malicious who then makes it into something to do with religion, politics, pornography or other completely NOT-hermitcraft thing. This is why a picture is fine and an ever-changing app is not. It could potentially do damage and that damage would involve every hermit.

[@mickys8065]

Another issue is you can look at an image without risk, but say little Timmy has heard about a hermitcraft app from his friends and Google's it and downloads the first result, which happens to be a virus. The actual hermitcraft server would've had no control over that situation but because it's their name some parents may decide it's hermitcrafts fault

[@rustyshackleford5166]

@@mickys8065 if little Timmy downloads the first result, there are a few more problems at play. Timmy has an android smart phone (or maybe just a non-iPhone device using Android) and probably shouldn't own one, ever. You can't side load apps downloaded from Google on iOS devices. Timmy has dev mode activated and ignored all the prompts and clearly isn't a dev. Timmy shouldn't be Googling for apps bc the Google play store exists. Timmy is irresponsible or ignorant to the dangers of downloading random software and clicking confirm-type buttons thru all the prompts. The people who used to HC name and made a virus app should be sued for damages bc that now goes beyond the point of fan made stuff or fair use; it's now malicious and can damage devices or the data on those under the HC name. Little Timmy having a smartphone is the first mistake in this scenario. I blame Mrs Turner for this.

[@MikeHeath]

Are you saying the an image can't be modified later?

[@rustyshackleford5166]

@@MikeHeath wouldn't that make it a separate image? That would then be subject to the "OK or not OK" criteria independent of the first one. If make a video, for example, and upload to a website, it is then subject to the "OK/not OK" standard.if I wish to change that video, I either have to upload a separate video or delete the old one and give the new on the same title for it to look the same (the link would still be different). This principle applies to places where jpegs are uploaded. If I make an image of xisuma's avatar playing minecraft at his desk and send it to him on Twitter, he approves it to stay and tells me it's cool. If I then modify that image and make his avatar do something silly, like eating a bowl of mustard, I have to make a new message and send it to him. He can then tell me to take it down bc he has a mustard phobia, I then need to take it down. The original image stays, the edited one goes. I hope this made sense and made you laugh. Lol

[@Stettafire]

@@MikeHeath No, it would be a new image that requires seperate permissions

[@butters6295]

Hi, 2L law student here who is focusing on Intellectual Property law (IP) (the law that deals with copyright and fair use). I am a mere law student, not a lawyer, so what I say below is NOT legal advise, so please don't take anything I say as such. If you have specific questions about IP, please contact an attorney. What I am saying here is meant to be more of an educational discussion, not the law, not specific to any event around Hermitcraft So a series on KZbin is the IP of the people who create it, I don't think anyone argues about that. However, to break it down into for specifics: something such as Hermitcraft is the trademark of whoever owns the name "Hermitcraft"" (I assume it is either Xisumami, GenerikB, or the group as a whole). The reason a person can't just go out and make something named "[something Hermitcraft" is because the name "Hermitcraft" and the thoughts that word bring to mind when discussing video games are specific to this group (meaning if it was a small business of hermits making jewelry, they could name their store Hermitcraft). I think it makes more since when you see the elements of a claim of Trademark infringement. Here they are from the Fourth Circuit of the United States, "(1) that it owns a valid mark; (2) that the defendant used the mark in commerce and without plaintiff's authorization; (3) that the defendant used the mark (or an imitation of it) in connection with the sale, offering for sale, distribution, or advertising of goods or services; and (4) that the defendant's use of the mark is likely to confuse consumers. 15 U.S.C.S. § 1114(a)." Now when it comes to something more like copyright violation, I actually would disagree with Xisumai on the "fair use" opinions on the Recap versus the remix. A remix brings something new and creative to the material (namely, it tells the Hermitcraft story vis music) but the recap is telling the story by taking clips from the various Hermits each week and complaining them. The recap is just a compilation of clips and would be a very weak fair use argument (I would bet that it would fail, but the remix, even if explicitly told not to make it, might hold up on fair use, but something like that would be up to a judge.) If you want more information on fair use, copyright, and IP law in general. There are a lot of lawyers on KZbin that talk about it (Lawful masses is my favorite). You can also look at real life examples in "fun" to read cases in the court system. There was a big one recently dealing with H3H3 productions, there is one dealing with the "I'm a Barbie Girl" song (Where the last line of the case is the judge writing "I order the parties to chill", and a lot of cases dealing with various music bands. Specific Copyright issues that are new thanks to KZbin have not been fully flushed out in the court system yet. Personally, I am planning on opening a law firm that will get KZbinrs together and all protected under a form of "copyright legal insurance" because, right now, being sued for copyright can easily run a bill of $500,000 in attorneys fees. I don't care how many subscribers someone has, that is a lot of money to defend themselves or their IP. On a last note, in regards to not letting people use the Hermitcraft name, look up "Jack Daniel's Cease and Desist letter." they very nicely explain that if they don't protect their name, logo, and trademark from people using it without permission, they can lose the rights to it themselves.

[@mouseyrumbal4067]

It makes sense I saw the tweet and agreed straight away. Especially cuz they were using your name and possibly making money off of your brand. I would still agree with you but slightly less if they said that you would get like 50% of the money made And thanks for liking my beeRalis and BeeXuma T-Shirt a while ago. It means a lot to me

[@AndresManoukian]

Hermitcraft is your Brand© man! It's totally understandable that no one should be able to use it and no one should get angry when you deny that possibility.

[@dafabulouslya2003]

I am a very busy person, so sometimes I just watch the Hermitcraft Recap, and it is one of my favorite things about Sundays. I found a Reddit thread once about if the recap was okay with the other hermits and knew that they were fine with it, but seeing them in the thumbnail had me shooked XD

[@SurpriseTea]

I believe people want to find a system and logic behind what can be done with Hermits (fan art, music remixes) and what can not (fan servers, fan games) and why. But there is no system, it's about what Hermits arbitrarily think about each individual case, which is understandable, but not something you'd think first. Also, while I find videos like "meme compilations" or "Turf War best moments so far" being low-effort and not containing original work, they also have some legit value for the viewer. This makes it hard to decide if they're okay or not.

[@IridescentTwilight]

I try to stay away from those kinds of Hermitcraft content as well. The thing that makes me frown upon them is the fact that the sole reason people don't show other hermits perspectives is so that the hermit also experiencing it gets traffic to their videos and benefit from the collaboration as well. Compiling them is kinda antithetic to the point of Hermitcraft itself. But I suppose it's also kinda understandable since some people don't have enough time or patience to sit through a whole video just to get to the collab. As for the meme compilations... I'm staunchly against them, but I honestly don't watch them to know where they get their memes from. I know that the official meme subreddit are trying to take measures against people taking memes from it to put in their videos and monetizing it though. I got approached by one of the people who planned on doing that, and they asked first if they're allowed to put the meme in their video and I appreciated that.

[@RequiemPoete]

There's also a world of difference between a fan game based on the HC characters to be given away like fan art vs a product designed to make money. Same with the fan art. I don't Xisuma minds fan art of his HC character, but I'm sure he would shut it down if someone sold prints of it.

[@MikeHeath]

If people want to know what can and can not be done with Hermits they should read about copyright law and fair use. There's plenty of explanation about can be done without the authors permission and what does require permission under copyright law and a lot of good sites that explain it in clear English. It's not a mystery but any stretch. For example, if I make a parody of Xisuma's video and Xisuma doesn't like it, tough beans. Parody is fair use and he can't stop it."Meme compilations" is also parody material. If "Turf War best moments so far" is providing a critique (and having "best" in the title implie critique) it too likely falls under fair use. There are rules for fair use and I haven't watched "Turf Ware best moments so far" so I can't be sure.

[@Stettafire]

@@MikeHeath Meme complications are not parody, there have been legal cases about this. It needs to contain actual transformative work. A video of clips does not qualify

[@twinklenhm1444]

I have never heard anyone say “grey area” as much as in this video.

[@williamhiegel2756]

I feel like a lot of the people asking the questions are making the kind of content he is against

[@SubtotalCamp875]

Yeah, X is so right. I feel the same because i really like coding and making games for people but a lot of time the people that sees my games, they just steal it and make a copy with no new detail. And that is why i game for where ever, i have to ask to not to steal or “remix” my games and projects but some people steal do that is i have to re ask them

[@AtillaDaPun]

I love these X says vids! Lots of good things to think about! ❤

[@zgct3648]

Wow. Im glad X talked about this. I was planning on making a fangame sometime

[@ETools.]

From what I have heard the Recap is fine. Multiple hermits have said that they quite like the Recap and none have ever said they didn't like it as far as I know. I saw a couple people in the comments worried about it. Put it like this: They do use Hermitcraft clips but only a couple of seconds at the time. They write their own script and own jokes. Aswell as that Pixlriffs, one of the creators and the voice of the Recap, has personally met a couple of Hermits. He seems to be really good friends with them.

[@itskdog]

Also not forgetting that Zloy is on Legacy SMP with Python, who whilst inactive, is still a hermit.

[@NirateGoel]

It's transformative so would fall under actual fair use law.

[@Stettafire]

@@NirateGoel No, that's a big grey area.but they have permission so its not a big deal anyway

[@swarlie5509]

Reading through the comments on your videos is a great example of the wonderful community that you have created and the great way that you cause great conversations and answers to questions. Keep it up X!

[@nottsninja]

Hey X, I wanted to leave a comment to tell you that you’re a really calming and extremely nice person. This channel in particular helps me stop feeling so sad and alone, my friends can really get me down sometimes and you make my day that much better. You’re thoughtful as well, from the fact that you made an entire plugin/customisable texture pack for people to use, and I genuinely look up to you. One day I aim to be in the same position as you, but for now I just love watching your content. I wish I could write more for you, because you really deserve it. Thanks for being so great.

[@zaidkidwai7831]

Initially I exclusively watched Mumbo, but because of the Hermitcraft Recap show I was shown the work of other members, and because of that have now become a regular watcher of multiple members of the server. The Recap show I believe is actually beneficial for Hermitcraft itself as it shows its viewers the work of all the members, and if you find someone you're interested in then they get a new viewer.

[@rayke0627]

I will certainly keep this video in mind when im once again watching some clips or fan content of hermit craft in any way or form

[@ousamadearu5960]

When respecting and being on the side for his friends.

[@ggw1776]

Could I get some context on this? Does anyone have a link to the tweet?

[@Anonymous_Dab]

It's basically people trying to make money off your recognition or brand awareness. It would be like if made a hermitcraft server and didn't say it wasn't official and people was having issues i wouldn't get backlash hermits would hope that makes sense lol. But I totally understand where your coming from and what you mean.

[@dragonfires01]

yea i get annoyed by all the channels that use the hermitcraft name and players to gain subs....like really ppl...what you dont have what it takes to do your own thing u have to steal others

[@KingKaden123]

Hey Xisuma! Thanks for making this video! I make a video editing the different Barge Quest POVs and this video made me realize I need to ask for permission. I contacted the Hermits in the video (grian, impulse, ren, bdubs and scar) about this. I’m still waiting for a response after 2 weeks, and I know it could take up to a year because the Hermits are super busy. I just wanted to thank you though for bringing attention to this so that I’m not stealing content.

[@_Gtg]

You should invite wattles to hermit craft

[@pranitvartak4007]

Ah I see a wattler here!!

[@Maria-ll8uq]

Yeah! But I don't think we should spam because it would annoy X and put a bad impression.

[@TheAtomBuilds]

Hey X! Love ya! Nice that you’re bringing this topic up

[@crimulusmc]

If only people gave any consideration to other content creators on Twitch & KZbin, et al. Plenty of Hermits get inspiration from smaller content creators' work and get an immediate return on it without shouting out the source of that inspiration, and those smaller creators struggle to get noticed. There is a lot of depth to the discussion, but the greatest responsibility lies on those with the greatest exposure, and, while those large creators need to be held accountable too, there's no recourse available.

[@crimulusmc]

I don't mean specifically farms and such. I mean build block palettes, designs, etc. Subtle things, usually. My point isn't to call out someone specifically, so I'll save the examples. I just wanted to remind X that it works both ways, and not everyone has a forum like this to rant.

[@crimulusmc]

@Rayaan Syed I'm not talking about subtle inspiration.

[@stratometal]

I love how xisuma approaches and explains these things in such a way that feels just right. A lot of wisdom.

[@69toffer]

Xisuma, I truly enjoy your content on your multiple channels. Your logic is awesome and I enjoy contemplating your opinions. Keep having fun and thank you for the entertainment.

[@PboyJr]

I think being candid is something that people take the wrong way. Someone could say something with absolutely 0 emotion and be a undeniable fact but still offend someone else because its "not what they wanted" I often think if I could change one thing about the human race that's not something like world peace or hunger, it would be to change how easily people get offended. Also: (4:14) I know that Game Theory had a big problem with fanart and copyrighted images a few years back. It's just a messy system.

[@renegangfan5630]

World hunger is a bigger issue, I understand your point and how important it is, but world hunger is more important of an issue imo

[@PboyJr]

@@renegangfan5630 Yeah I know, I was saying If I couldn't pick a generic option like World Hunger or World Peace. If I had to choose something that was different

[@renegangfan5630]

@@PboyJr ahh yeah my b

[@PboyJr]

@@renegangfan5630 I got you :)

[@zachmdful]

So many people just have a subconscious bias to read a neutral statement with negative tone because they don't like what is being said. Starts so many arguments on twiter/reddit/elsewhere

[@alysonerb1142]

For me personally, Recap has gotten me to watch more Hermit creators on their personal channels. I'll see some fun thing a hermit has done through recap and go back and watch the episode, which has often led me to watch older episodes or continue watching newer content. Recap adds value in my opinion instead of being just reloads without contributing anything, but I would firmly support any hermit that doesn't like their videos on Recap.

[@mediocreanimator]

Grian is big brain for making his own "best of" videos

[@JadeJuno]

He does that?

[@mediocreanimator]

@@JadeJuno On his second channel "Two Much Grian"

[@JadeJuno]

@@mediocreanimator ah right that's a thing, thanks!

[@tonyhamilton9764]

You nailed it with the talk about the "brand". People see this a people playing a game they don't own, but Hermitcraft is a brand. Your gameplay, take on the game etc. is yours. Fan art is personal, but sales of your persona isn't for someone else, etc. Don't sweat a few people complaining, we appreciate your work! Thanks

[@JayPlusForerunner]

Twitter in a nutshell: Peace was never an option

[@sithyq3480]

I actually found out about hermitcraft through Pixlriffs! I watched his survival series for about a year before seeing a recap episode show up in my algorithm. He's a trusted creator, so I felt confident in knowing the quality and style of what I was going to see and I definitely wasn't disappointed. Granted Im probably quite a bit older than the average demographic of Hermitcraft viewers, not to mention spending the better bulk of my professional career in media and IP management. I really appreciate you addressing these issues with your audience. It can be easy to forget that this is income for creators, and being respectful of their intellectual property is part and parcel to being a fan.

[@stocktonmorris5103]

Thank you so much for putting something out there that explains the thought process you have to consider when creating and maintaining your brand.

[@stephenk9453]

Dropping in to say that I totally support your POV on this and am sorry that you have to deal with people giving you grief over it; you shouldn't have to justify yourself over this

[@nzgberg]

What are your thoughts on the hate bedrock edition gets? I feel it’s just super stupid because a good half is unwarranted. And a lot of people are super toxic about it as well.

[@Anonymous_Dab]

As a bedrock player I think the hate it gets is justified there are alot of maps on the marketplace that are 100% free on Java and haves been free for years . yet on bedrock they let a company sell it on the marketplace .I got bedrock for free . I will own Java eventually. bedrock haves it bad because Microsoft wants to charge for stuff thats been free on Java and always haves been. I understand why bedrock gets a bad reputation if I knew I was getting it I would of got Java but a Friend sent it to me on xbox and the limits on bedrock are so stupid. Not to mention the greed on the marketplace like I said there are straight copies of world that are fee on Java and have been for quite sometime yet they want 10$ on bedrock . Bedrock is minecrafts way to charge for stuff that's been free on Java for years they know they can't do it to Java as much because of all the free content out there and haves always been free . That's my opinion anyway.

[@nzgberg]

@@Anonymous_Dab I kinda agree about marketplace stuff, but I'm talking about gameplay-wise. specifically redstone. and something people dont understand is that there are marketplace hider resource packs, which you are allowed to use, and thjere are ways to get mods on places, not the marketplace, such as mcpedl. as for Redstone complaints you may have, that's gonna be a much more lengthy comment so I recommend just looking up KZbinrs who actually do technical bedrock stuff, and not just mumbo jumbo/ilmango, who never learned the mechanics. I can even give some KZbinr recommendations if you want. I've seen java players act like bedrock is an abomination to humanity. I've seen java players who are incredibly toxic to bedrock players, simply for asking how to do something in bedrock. I've seen java players attack bedrock technical KZbinrs simply for making content for bedrock

[@Anonymous_Dab]

@@nzgberg Redstone on bedrock is crap compare to Java its constantly breaking thats why alot.of Redstone youtubers don't do bedrock because bedrock Redstone is horrible compared to Java. Bedrock just sucks honestly lol and I own it I can't wait to get Java. I know you can mod it and download maps and stuff for it but its harder to do on bedrock and have it function properly then Java they put alot of limits on bedrock that make it suck and harder to customize compared.to Java they screwed it up in my opinion I don't need Redstone recommendations I can build whatever i don't have issues building lol I've made flying machines all that fun stuff but Java Redstone is more reliable . i think bedrock is a downgrade honestly I can't wait to get Java bedrock is just Microsoft trying to change something just enough to charge for stuff thats been free for years

[@nzgberg]

​@@Anonymous_Dab okay. I am going to try to explain all of this. so first the reason people are not as possible while doing bedrock Redstone is that people can't make their own opinions and just took what mumbo jumbo and ilmango said all of 5 years ago. it doesn't suck. I like to do bedrock Redstone. countless people like doing bedrock Redstone and enjoy doing it. the reason you don't hear about it, is because of the misconception of bugrock bad. It's a perfect example of what I'm talking about. kindly go look up viscosecomb24, thedarkness344, thebowtieman, navy nexus, benthehuman and foxynotail. all technical bedrock players. on top of that, very few things break Redstone wise, unless you are using a bug, such as sand pushers. oh and by the way, modding in bedrock is not "downgraded" if players could change code, they could mod stuff. easily. however they cannot edit code. kindly look up navy nexus as he is kinda like the bedrock ilmango, and is on a server called xploit. that is the bedrock edition scicraft, although there is also techrock. and then you have the bedrock mumbo jumbo aka mumbo jumbo doppelganger aka thebowtieman. and then you have the truly bedrock, which to me, could be described as the bedrock version of hermit craft. oh and two KZbinrs, prowl8314, and bluejaygames are making a guide series. also here are some good things bedrock has besides the obvious stuff for Redstone Redstone on glass powers upwards and downwards, trident killers, which allows for easy AFK, and up till recently, tridents were super easy to get, which is why I have a few chest fulls in my world. torch si (torches on pistons will invert when the piston is powered) on top of this bedrock, Redstone is easier for complete beginners to learn. yep, you heard me right. it is easier for beginners to learn. this is because almost everything in bedrock doesn't have anything that isn't obvious to it. and as for the "bugrock Redstone inconsistent" well first, slow down your timings. there simple. also, we have piston over pulsing, which does exactly the same thing as slowing timings down, in that it makes pistons consistent. other than that, you don't really need to worry about consistency issues.

[@poom323]

I hate bedrock touch when place on the sidewise. I try to play many times but that thing make me feel really bad when I saw it.

[@matthewparker9276]

I was wondering why I felt like I had seen this before, before I realised I was watching the livestream.

[@lionelk.y7233]

11:08 well this is interesting tid bit that i picked up as evident of my PFP the fandom that i'm also a part of actually likes having translated clips of their content since it helps more viewers enjoy the content and to reach a broader audience

[@froudaid]

Copyright law is really tricky. As much as I hate to do this on another channel but there's a great Tom Scott video about copyright law that came from the aftermath of Mumbo's issues with Warner Chappell where he gives a rough breakdown as to what is and isn't fair use

[@EsculatedPingu]

I wonder how etho feels with hermitcraft trying to brand itself, with all the merchandising in peoples videos, wasn't this the reason he left the old server

[@Samocoptor]

I imagine the difference is that those hermits are doing stuff with their own brand. It may be based on stuff that happened on the server, but is ultimately focused on themselves; and it's not a top-down push, so hermits who don't want to do that stuff are under no obligation to. I think the issue with Mindcrack was that the folks running it tried to impose that corporatisation down on everyone whenever they wanted it to or not.

[@dinolover8183]

The reason etho left minecrack was they tried to tm it and only make money but on hermitcraft they are just having fun

[@itskdog]

@@dinolover8183 In HC it's clear that the videos are core to everything. They want to have fun as friends making entertaining videos on a Minecraft server together, and everything else is secondary.

[@NirateGoel]

There's a video on youtube of a clip from one of his old streams 'Why Etho Left Mindcrack' The issue was that they were expecting him to participate and do all this monetizing crap, which he had no interest in.

[@Stettafire]

Mindcrack was moving towards a profit sharing model,essentially becoming a MCN.This would cause members to loose some control over their channels, hence the reactions

[@shaunnolder7211]

I agree with your decisions xiusma. Stay strong my friend. 🙂

[@Nyerguds]

"Frank Klepacki - Valves" Ah, the Tiberian Sun soundtrack. Good taste in music, X :)

[@adzey123]

When I watch the recap I see someone building something I like then I go and watch the videos from the person who made its channel, I watch the recap to check out what everyone's doing as well as my favorites.