I'm sure the ToS contains something along the lines of
'if you transmit any data through the xbone or xbone network we can use it however we want regardless of copyright status. Also if you dare use any of our logos, random words or fan created videos we will sue the shit out of you.
So while they say they won't do that they'll legally reserve the right to do it. One quick firmware or software update with "camera enhancements" is all they'd need to do.