This can't be a new thing. This was one of the conditions Nintendo announced when they dropped their stupid "register with us to be allowed to do lets plays" thing.

Oh, and it's not just Nintendo. All of the big publishers believe they own your videos that use their games. I've been involved in discussions with people personally who were trying to figure out how to demand licensing fees from YouTubers.

This is goingnto get worse before it gets better. This has been a traffic jam caused by everyone waiting for somebody to go first. Nintendo is just the one who has volunteered to be the first mover.