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Oct 25, 2017
15,110
After a recent DMCA wave, Twitch tried to clarify a few things surrounding the use of music on their platform:
blog.twitch.tv

Music-Related Copyright Claims and Twitch

Creators, we hear you. Your frustration and confusion with recent music-related copyright issues is completely justified. Things can–and should–be better for creators than they have been recently, and this post outlines our next steps to get there. Moving forward, we’ll be more transparent with...

But the part about actual video game music led to more questions and this was their answer:



Suffice it to say, streamers aren't happy.
 

Zips

Member
Oct 25, 2017
3,913
Ah yes. Playing and streaming games in complete silence save for the streamer's voice.

That's always a fun time!
 

GJ

Member
Oct 25, 2017
9,792
The Netherlands
Why can't they just implement the same system as YouTube where record labels can claim the part of the video where their song gets played?
 

piratepwnsninja

Lead Game Designer
Verified
Oct 25, 2017
3,811
This isn't about all game music. This is about licensed music that is used in games, so like, GTA radio stations.
 
Oct 27, 2017
12,282
Pretty much answers the question about which platform I would choose to stream on. Twitch's handling of DMCA is fucking amateur and clownshoes.
 

Symphony

Member
Oct 27, 2017
4,361
No worries, I'm sure they'll soon have a stream safe option of replacing your audio entirely with Audible and The Boys adverts on loop.
 

Dyle

One Winged Slayer
The Fallen
Oct 25, 2017
29,897
Why can't they just implement the same system as YouTube where record labels can claim the part of the video where their song gets played?
¯\_(ツ)_/¯

In the past they've had no problem isolating sections of vods and muting them if they had copyrighted content, guess they just don't want to figure out how to do that and pay the rights holders
 

Stopdoor

Member
Oct 25, 2017
5,778
Toronto
I don't really see why this is Twitch's fault? They're essentially pointing to companies that will hide behind their EULA's to later go after you for this, it's on the game company to make a stink about it and it seems like that's where the ire should go if they make a stink about it?
 

RecRoulette

One Winged Slayer
Member
Oct 25, 2017
26,044
Yeah, it's a goddamn carnival. Fuck Twitch for not putting in any effort to help (a ton of streamers have already had to wipe everything or be at risk of getting their account taken down)
 

Deleted member 8468

User requested account closure
Banned
Oct 26, 2017
9,109
Come on now, it's just a small company here trying to get by. It's not like Twitch is literally owned by the largest arm of capitalism in the world.
 

daegan

#REFANTAZIO SWEEP
Member
Oct 27, 2017
2,897
It's funny to me because the only difference is that the music industry chooses to exercise their rights while the games industry mostly gave up the ghost on that long ago.
 

delete12345

One Winged Slayer
Member
Nov 17, 2017
19,661
Boston, MA
I don't really see why this is Twitch's fault? They're essentially pointing to companies that will hide behind their EULA's to later go after you for this, it's on the game company to make a stink about it and it seems like that's where the ire should go if they make a stink about it?
It's also possible for the music recording publishers to go after Twitch streamers directly without getting the game publishers involved at all, setting the precedent.
 

Symphony

Member
Oct 27, 2017
4,361
What other platform is good to stream on?
Basically just Youtube now. I mean there is Trovo, a new one that seems to be taking over Mixer's place in the market and already has a pretty decent UI, but it is owned by Tencent so it depends how you feel about supporting them VS supporting Amazon.
 
Oct 27, 2017
12,282
I don't really see why this is Twitch's fault? They're essentially pointing to companies that will hide behind their EULA's to later go after you for this, it's on the game company to make a stink about it and it seems like that's where the ire should go if they make a stink about it?
Because they have basically no tools or apparatuses to help people on their platform deal with this kind of stuff.
 

ReginaldXIV

Member
Nov 4, 2017
7,779
Minnesota
Why can't they just implement the same system as YouTube where record labels can claim the part of the video where their song gets played?

I think Twitch was blind-sided by the RIAA and now they're playing damage control until they build a solution (if they ever)

This isn't about all game music. This is about licensed music that is used in games, so like, GTA radio stations.

In-game music and even just sound bites could trigger the DMCA bots. It's all at risk. You can't even really delete the vods because they're still on Twitch servers. It's all possible and there's no real way that streamers can protect themselves on Twitch right now.
 

SJRB

The Fallen
Oct 28, 2017
4,861
Twitch has made an absolute ass of itself with this whole DMCA horseshit.

Absolutely dreadful policies and communications all around.
 

dubc

Member
Oct 27, 2017
2,423
Seattle
So if I'm watching a football/basketball/baseball/etc game on TV and they play licensed music on the stadium PA should that be muted?

I'm not a streamer and don't watch streams, but this seems beyond dumb. If someone is egregious and just streaming music, not even playing a game, then I get it but if they're playing the game the dev/publisher has already paid the licensing fees, right?
 

Mr.Deadshot

Member
Oct 27, 2017
20,285
Maybe this can be sorted out by streamers paying a fee to the publishers or music labels? Basically a licence to stream?



:)
 

Deleted member 2840

User requested account closure
Banned
Oct 25, 2017
5,400
Current "DMCA laws" are fucking dumb. Honestly the entire copyright/whatever system should be completely rewritten, it's ridiculous how armies of lawyers can do stuff like this.
 

Deleted member 63122

User requested account closure
Banned
Jan 16, 2020
9,071
So if I'm watching a football/basketball/baseball/etc game on TV and they play licensed music on the stadium PA should that be muted?

I'm not a streamer and don't watch streams, but this seems beyond dumb. If someone is egregious and just streaming music, not even playing a game, then I get it but if they're playing the game the dev/publisher has already paid the licensing fees, right?
I think so. In facebook, some lives have been taking down because of the music.
 

piratepwnsninja

Lead Game Designer
Verified
Oct 25, 2017
3,811
Not sure that's true, they basically refer to the EULA of each game in the blog post. They mention "recorded music", which can be a lot of things.

It can be, but they also mention they've only received a handful of DMCA requests based on actual game scores for the lifetime of Twitch. What they are pointing to is being extra careful. The way I see it is that if you're playing a game with licensed music in it, and the rules aren't explicit (see Fuser), then you probably should turn off the music. Like, when I stream Watch Dogs Legion, I just disable the radio. My VODs are still there, and I haven't gotten any emails.
 

JustinBB7

Member
Nov 16, 2017
2,338
I've watched 2 Life Is Strange playthroughs after DMCA and it's fucking pathetic Twitch hasn't done anything for years. Facebook Live or whatever it's called made a deal with record labels so all their stream partners can stream whatever they want. Meanwhile Twitch streamers get DMCA'd for deleted content stuck on their server. They're so incompetent.
 

darkside

Member
Oct 26, 2017
11,261
It's funny to me because the only difference is that the music industry chooses to exercise their rights while the games industry mostly gave up the ghost on that long ago.

Honestly I think if if the game industry banded together to do this Twitch would just shut down operations rather than pay for rights.
 

Azerth

Prophet of Truth - Chicken Chaser
Member
Oct 27, 2017
6,176
I don't really see why this is Twitch's fault? They're essentially pointing to companies that will hide behind their EULA's to later go after you for this, it's on the game company to make a stink about it and it seems like that's where the ire should go if they make a stink about it?
I think the main issues isnt the dmcas its that twitch has no system in place. Even if streamer mutes a portion of there vod, or delete the vod as its still on the twitch servers they can still get a stike and if they get 3 there channel is deleted
 

Sargerus

▲ Legend ▲
The Fallen
Oct 25, 2017
20,829
I know little of american laws but can't the Fair Use be applicable here? Or is it for nonprofit uses only?
 

delete12345

One Winged Slayer
Member
Nov 17, 2017
19,661
Boston, MA
I think Twitch was blind-sided by the RIAA and now they're playing damage control until they build a solution (if they ever)
Pretty much this.

Twitch doesn't have a robust DMCA system for reporting and appealing at all. Youtube has a bare minimum reporting and appealing system, at least.

I know little of american laws but can't the Fair Use be applicable here? Or is it for nonprofit uses only?

Also not familiar, but the impression is that fair use doctrine doesn't apply to DCMA filings.
 

Lobster Roll

signature-less, now and forever
Member
Sep 24, 2019
34,304
Twitch is fucking up royally lately by pushing and pulling their streamers around with the unskippable ads and unclear messaging about DMCA. I won't act surprised when YouTube Gaming welcomes these streamers with open arms. Twitch needs to realize that nothing is permanent and that their platform can turn obsolete overnight.
 

TSM

Member
Oct 27, 2017
5,821
I think the main issues isnt the dmcas its that twitch has no system in place. Even if streamer mutes a portion of there vod, or delete the vod as its still on the twitch servers they can still get a stike and if they get 3 there channel is deleted

Further than that the technology may exist to hit streamers while they are actually live which is the next step in this cat and mouse game.