“Twitch is in serious trouble (can’t stop the music)”.
Hoeg points out that the DMCA is worded in such as way
as to encourage platforms to terminate users based on complaints, not adjudications. This encourages false claims and probably
trolls (and the upcoming CASE Act could encourage more problems). This sort of says, if you’re an amateur, stay
in your assigned station in life.
In May 2020 several music companies started submitting
video platforms with DMCA claims for overriding clips, after putting in automated
tools. The companies may have felt motivated to do this by the EU Article 17,
but if so the results are being felt in the US.
This put Twitch in the position to threaten users with
termination unless they possibly deleted all their previous videos including
videos, maybe their “life’s work”.
Twitch now puts apologetic language in new material
sent to users.
Using material from games could be secondarily
dangerous, because games often use music but other users wouldn’t have licenses
to use it.
I haven’t heard much about how YouTube is handling
this. YouTube does flag background music with its own content-id to remove from
monetization but doesn’t issue copyright strikes if it is incidental background
music, like outdoors.
At 35:00, Hoeg explains how live streaming and sycnronization
differs from merely uploading videos already recorded.
Here is Twitch’s own blog post. Twitch offers a new tool called
Soundtrack.
Bijan Srefan discusses Twitch’s problems with the music industry on The Verge, here (Oct 2020).
Users such as David Pakman have experienced invalid DMCA takedowns from major news organizations for livestreaming material in public domain, not including music.
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