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SJRB

The Fallen
Oct 28, 2017
4,861
Suddenly, Mixer's looking not-so-bad but it's gone now.
Mixer would've only been a better choice in this regard if it had a better and more robust solution for dealing with this kind of stuff.

Twitch currently basically has nothing. They just yolo'd it until out of nowhere thousands of claims rolled in last month.
 

Tecnniqe

Community Resettler
Member
Oct 25, 2017
2,743
Antarctica
DMCA is such an ancient way of looking at things in the digital age we're in.

Also Twitch is a trash Amazon company.
 

dragonbane

Member
Oct 26, 2017
4,590
Germany
DMCA is trash and twitch sucks for not having something like content ID ready yesterday. They better hurry up with that shit.
 

MaxAugust

Member
Jan 28, 2018
3,182
People keep blaming the DMCA which is fair. However, the real issue is that Twitch has utterly failed to make a workable system to deal with this. They are doing a way worse job than Youtube for fucks sake.
 

Sixfortyfive

Banned
Oct 28, 2017
4,615
Atlanta
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?
No.

You couldn't, for example, buy a home copy of a movie and then set up a projector to play it in a heavily trafficked public square. There are licensing laws related to public performance that would prohibit the use of such things intended for private home consumption only.

Similar case here. Just because a game publisher may have paid for the rights to use somebody's music in their game, doesn't mean that they also paid for any rights related to broadcasting that same music to any kind of audience.

Twitch's customer service certainly isn't being helpful or illustrative on the matter, though. Reminds me of when Youtube was sloppily clamping down on DMCA problems before ironing out their (flawed but purposeful) Content ID system.
 

KingM

Member
Oct 28, 2017
4,505
I know little of american laws but can't the Fair Use be applicable here? Or is it for nonprofit uses only?
Fair use is fairly narrow iirc and the way it gets tossed around online as a defense for streaming doesn't really hold up. Streaming on platforms such as Twitch is mostly able to he done entirely based on the goodwill of publishers since legally the whole idea is in at best a gray area.
 

KingM

Member
Oct 28, 2017
4,505
What about someone like Lara6683 who plays piano covers of various songs? It's the entire point of the stream.
If you want to perform music for the public there's already many fees and licensing agreements you have to get into in most scenarios in the US or face the potential of legal blowback. So Lara6683 would probably be in the same boat as anyone else.
 

Symphony

Member
Oct 27, 2017
4,361
Does this kill all Just dance 2021 streamers?


Yep, same with Osu, Guitar Hero etc.
I also assume even more traditional rhythm games like Project Diva are a no-go as well since many years ago when I streamed IA V/T (a vocaloid rhythm game) the VoD was flagged like 20+ times for copyrighted music.
What about someone like Lara6683 who plays piano covers of various songs? It's the entire point of the stream.
Unless they have paid all the relevant parties for a license to cover the songs and broadcast them to the general public, that's also a no-go. Although it doesn't really matter since if the system flags the song it'll get a DMCA strike regardless of if the streamer has the rights as Twitch has no appeals process.
 

Pimienta

Member
Oct 25, 2017
1,840
Hmm? Big streamers like Forsen have changed almost entirely to Videogame music to avoid DMCA. It is about licensed music, not game audio....
 

Dphex

Member
Oct 27, 2017
12,811
Cologne, Germany
tenor.gif
 

xch1n

Member
Oct 27, 2017
609
This isn't about all game music. This is about licensed music that is used in games, so like, GTA radio stations.
Or like, all of the music in Star Wars Battlefront. Which I guess is licensed music used in a game, but in no way like GTA radio stations. Fortunately EA put in a toggle to disable the soundtrack that gets your channel instanuked from orbit.
 

DrArchon

Member
Oct 25, 2017
15,485
Hmm? Big streamers like Forsen have changed almost entirely to Videogame music to avoid DMCA. It is about licensed music, not game audio....
Implying that video games music isn't also licensed.

What happens when one of the publishers starts swinging their dick around for their music?
 

Pimienta

Member
Oct 25, 2017
1,840
Implying that video games music isn't also licensed.

What happens when one of the publishers starts swinging their dick around for their music?
Game soundtracks are nowhere near close to be hit by DMCA compared to other type of music. As far as I know, no one has ever been hit bt DMCA because they have game music from the snes
 
Dec 26, 2019
402
They said mute the music and only if that's not possible mute the entire audio. Basically every game has the option to turn off only the music. Seems reasonable to me.
 

Sixfortyfive

Banned
Oct 28, 2017
4,615
Atlanta
Game soundtracks are nowhere near close to be hit by DMCA compared to other type of music. As far as I know, no one has ever been hit bt DMCA because they have game music from the snes
There was a stretch of several years where Nintendo would auto-claim any Youtube video that used their music. Of course, this didn't put your channel in poor standing, but it did prevent you from monetizing those videos, as any ad revenue would go to Nintendo. Nintendo eventually relented on this twice: first offering Youtubers a 60% cut if they enrolled in the NCP, and eventually just backing off and stopping the claims altogether.

Content-matching algorithms for music have been a source of headaches in general. I once had a playthrough of Sonic 2 content-claimed on Youtube, and it was for the most ridiculous reason:

- Someone completely unaffiliated with Sega somehow took recordings of Sonic music and sold it on iTunes under some small company's music label.
- That company had all of their music entered into Youtube's content database... including these video game rips.
- My video got hit with a content match, ads were placed on it, and the revenue was given to that other company.

It was like a black hole of copyright trolling. Scammers were gaming the system and making a quick buck off of it.

Doesn't seem to be nearly as widespread anymore as it was several years ago, but that's the sort of pitfalls that happen in these algorithm-driven systems. See the above comment in this thread regarding how stock background noise (gusts of wind) used in World of Warcraft is triggering some kind of content match.
 

TSM

Member
Oct 27, 2017
5,846
Wait, how can you get DMCA'ed on public domain music?

If someone does a DCMA claim your options are to pull the offending material down or potentially go to court. Wether someone actually owns something wouldn't even come into play until much further down the line. As someone else pointed out people were getting hits because of sound effects like police sirens that were also sampled in some songs.
 

Cantaim

Member
Oct 25, 2017
33,490
The Stussining
People have been DMCA's in twitch over gusts of wind in World of Warcraft.

Gusts
Of
Wind
If you'd like to know how dumb it can get. I got a DMCA notice on a YouTube video I published of a trip I went on. Because the rain in my video sounded too similar to someone's artificial rain sound they made in a studio lol.

Should specify I bet this happens on Twitch too now lol. It's a shit show