Parker, at the time, was the plaintiff in a discrimination lawsuit against the city of New York. © 2020 Forbes Media LLC. Noah Downs says that deleting old VODs and clips from Twitch isn't enough to avoid takedowns, either. ", After being contacted by CNN Business in June, the platform issued further clarification on June 10 via Twitter that it is expanding its use of "Audible Magic" a product Twitch uses to identify clips "that may contain copyrighted music and delete them for you without penalty. Looking at the language of the law itself, it’s easy to see why there’s been confusion. No more KPop. In the end, this case is just proof that the law is constantly shifting and changing. Game companies who are interested in strengthening their relationship with fans will need to ensure they understand music, streaming, and broadcast rights. It felt like the major labels and rights holders were testing the waters". Though an innocent infringer may receive smaller damages, a person is generally liable for copyright infringement even if they were unaware of what they were doing. "If you drive a truck, know the laws of the road. With these changes to the platform, it may well be that the future of Twitch is a quieter platform, as streamers, afraid of being suspended, stay away from playing music from Spotify, iTunes and YouTube. Any streamer who uses copyrighted music is at risk for DMCA takedowns or Twitch Community Guideline action such as suspensions, bans, channel termination, and, in some cases, legal action from music labels. Twitch has fallen under scrutiny by record labels represented by the RIAA, which holds copyrights to millions of songs. I have heard about Just Dance streamers in particular, a game which uses pretty much all licensed music, unclear about how their channels are supposed to function at all when the game they cover is by definition full of stuff that can fall under DMCA takedowns. We know that the new music TOS is already active because over the last week, dozens if not hundreds of streamers have received emails about clips being taken down due to a DMCA regarding unlicensed music. -You need to license or own the music you stream. "Twitch can't afford to be lenient here, because they risk losing their safe harbor protections under the DMCA if they do not enforce takedowns appropriately," says Downs. -Labels are finally coming for their money. Sources have confirmed that external scanning software was used by the RIAA for these claims, rather than Audible Magic. I’m seeing creators being sad they literally have to delete fun memories from their channel just to be “safe” and avoid potential targeting of their channels. Capps started his streaming career while "blasting out whatever music I wanted" on Spotify alongside his game streams, but it wasn't until the music industry's crackdown on YouTube that he realised it was only a matter of time until the same constraints arrived on Twitch. However, proving intent is often a struggle outside of the most egregious of cases. Since 2014, Twitch has been working in partnership with Audible Magic to scan Twitch VODs -- archives of previous Twitch streams -- in 30-minute blocks, muting any sections that contain copyrighted music. You can choose which categories you want to be notified for. By my estimate, this would affect more than 95% of game streams.". "Mentally and emotionally, I've been a freaking wreck," said Weller. However, a new ruling from the Second Circuit Court of Appeals may change that as it potentially removes one of the major obstacles to successfully suing over CMI. Based on an updated version of the music TOS guidelines that are already being put into effect, Twitch will start heavily enforcing copyright-related Digital Millennium Copyright Act (DMCA) takedowns and other actions against streamers who use music that they do not own the rights to. According to the DMCA: The specific issue here is what “an infringement” means under the law. “If it makes you feel better, any publisher/dev could DMCA you for monetising their “As a company committed to supporting creators, we respect, and ask our users to respect, the intellectual property of those who make music and those who own or control music rights.”. Twitch allows DMCA sweeps like this to happen without much recourse for the creators and with little communication about when they’re coming or what they cover. The impact of the coronavirus pandemic on the music industry has been devastating. ... For more information on the specific changes that have been made and … "Owning copyrights is a responsibility, burden, and liability," says Wolff. "The debate is ongoing as to quite how we define a livestream in copyright terms, but Twitch would almost certainly need to negotiate deals with all three major record companies, an organisation called Merlin that represents many of the indie labels, and then the distributors that represent everyone else on the recordings side. The DMCA is more than notice-and-takedown and a new ruling could drastically change how we look at copyright management information (CMI). 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