That's not a good comparison. Adobe Photoshop is a legit tool used in professional work places that have paid for the license to use it to create works. Just recording what you've played of a game and slapping it on Youtube is not no matter how much unscripted commentary you put on it. The closest you can use is a walkthrough; like if you did a video showing how to find a certain object in a game or a strategy to defeat a boss.loa said:The gameplay and commentary are transformative. It's not nintendos creation.
Adobe won't come to me, wanting a "slice of the pie it baked" if I publish a picture made with photoshop or a photoshop video tutorial.
What LPs are clearly trying to be is MST3K....but MST3K actually got the rights to use the films it was riffing, either because they were public domain or because they were so cheap it didn't matter.