http://m.joystiq.com/2013/05/16/nintend ... ay-videos/
What do you think? The story is rather old but im sure it applies today.. Not just with games but with for example, music videos.
Personally I think its perfectly fine for a company to claim profit off of a game or ad that they produced. (Although it may not be the best marketng strategy) After all, they never did gve permission to the uploader to use that footage.