From a legal aspect? Well think of it as advertising, When you put a gaming video on youtube you are in effect advertising the game making more people want to play, companies can't complain! Although some do, there are a lot of companies that allow moetization and legal rights to be able to upload the clips and make money. Notice how pewdiepie plays a lot of indie games? This is because the publishers allow you to upload these clips, there are a couple of companies like Nintendo who sometimes don't allow monetization, same with 343 and bungie some people say they had there video removed.
The legal part to upload gaming is to add your own bit, I.E commentary! Without commentary it is a bit risky… But it depends, pewdiepie is in a network and his network can help him with copyright, networks have certain licenses they pay for so people can monetize videos, obviously they get it back in monetized views.
So in effect it wouldn't be ideal uploading someone elses clip or having no commentary or something you put in yourself because your not contributing (in a way). But having videos on there's advertising for companies.
I record videos, i have 100 present that includes Minecraft, GTA, Terraria, Halo, and a few indie games i have played, i'm in a network and have never been flagged for copyright.
There's a small list here that may help you understand a little better of what i'm saying:
Hope it helps!