>>36376359Hello newfag.
There is no such thing as fair use doctrine in Japanese Law, so if a creator doesn't want you streaming their game, they can sue you if you do it without permission. Usually, individuals are ignored by independent developers and large companies because they are seen as unprofitable to go after legally. However, companies like Hololive and Nijisanji can afford expensive settlements and so they are at much greater risk of being sued.
By acquiring permission to stream specific games in writing, they are protecting themselves legally from lawsuits.
Nijisanji and Hololive used to consider their respective streamers as contractors and thus didn't require them to seek permission to play copyrighted works on their channels. Early on, Nijisanji, the larger of the two at the time, was approached by several companies and warned that they were getting ready to file legal action against them if they didn't seek permission to play those companies' games. Since this was extremely early in Nijisanji's existance, not many videos were affected and Anycolor quickly sought to form deals with publishers to play their games on their talents' channels.
Hololive was never approached by companies in advance and on July 30, 2020, after streaming a Capcom game on a modded 3DS, Ookami Mio was hit by two DMCA strikes issued by Capcom over two seperate streams without warning. A third strike would have resulted in her channel being completely deleted and so COVER moved immediately to private EVERY SINGLE video on EVERY SINGLE one of their talents' channels. Subaru's manager, being especially incompetent, accidentally deleted around 150 of her earliest VODs instead. Mio was forced to take a 3 month break in order to let the two copyright strikes expire. The talents themselves were instructed to check their old VODs and restore the videos, one by one, that didn't contain any copyrighted material. This event led to the majority of Hololive's videos that existed at the time being permanently privated and is known as the HOLOcaust of 2020.
Never forget.
https://files.catbox.moe/v3gzav.mp4