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If a video gets taken down for copyright, you get a strike against your youtube name, too many strikes and your account is banned from youtube (At least from uploading, I'm not entirely sure)
You're welcome
As long as you are not monetizing your videos you can use any music you want under Fair use
They not copyrighted by *Bethesda* if that's what you're wondering - niether Zenimax nor Bethesda will be sending you DCMA takedown notices.
And I'm almost damn certain the songs themselves are in the public domain - it would certainly be *cheaper* to avoid licensing fees and the aesthetic of the series allows you to use music that's old enough to be eligible.
You could simply do some Googling on the songs themselves to find out.
And no, not monetizing your videos does not allow you to use the music you want under 'Fair Use'. Simply playing music (or a video) is a 'public performance' and would require licensing from the IP holders. Under 'Fair Use' you can use *extracts* from the works in reviews or critiques, even use large chunks of the work in parodies, but simply playing it in the background is on 'Fair Use'.
With that though - music playing in the background of the *game* while you're showing a video of gameplay would certainly be a permssible use.
DCMA gives you some protections against lawsuits - DCMA takedown notices are the *first* step and assuming a) that the notice is legit (many people like to throw these around even when they're not the actual IP holder or when the use of their IP falls squarely in the 'Fair Use' exemptions) - though you may not have the money to mount a challenge to an improper takedown, its technically ground for your to sue *them* - and b) you comply with the demands (which amount to not using the IP without permission) you are protected from a lawsuit.
Its why YouTube will pull the plug on a DCMA takedown notice in a heartbeat and make the defendant provide evidence that they are not infringing - and YouTube sets a high bar for that.
i recently had this issue, the only thing they do if they do anything is put ads on your vid that they get the money from (like dead frank sinatra needs money)