Does the Wii U use HDCP copy protection on on games via its HDMI output?

The Wii U is completely HDCP-free when playing games, accessing the menu and even when playing Wii/ Wii Virtual Console software. I confirmed this using my Elgato Game Capture HD, which doesn't have an HDCP stripper.

This means any HDMI capture card can capture Wii U video even if it can't strip/crack HDCP protection (no promises about Netflix/non game content, those are often intended to use HDCP). Note that you can't record the Wii U gamepad's video using just a capture card on the Wii U's HDMI cable though, but you can record the TV screen's portion just fine.

The 2015 update (for those running into this)

The WiiU deliberately blocks certain games from being captured.

Wind Waker is a no go, meanwhile Mario Party 10 recorded just fine.

So the WiiU selectively uses HDCP to block revording certain & particular video games. It all depends on Nintendo.