How to Avoid Killing Under the US Digital Millennium Copyright Act on Twitch
Background tones make Twitch streams more immersive and fun, but the platform has seen an increase in Digital Millennium Copyright Act (DMCA) infringement notices targeting streamers playing recorded music during their broadcasts. This spike has led to weeks of confusion where streamers were unsure about Twitch’s music policy and what they might mean for their channels if or when Twitch decides to take harsh action against any of their existing content.
Violation of the US Digital Millennium Copyright Act – even through an innocent mistake – can result in demonetized streams, video deletion, or even disciplinary action such as losing partnerships or blocking an account. Twitch ‘s updated FAQ page explains why the company is now taking these notifications more seriously and provides more details on its music policies.
Here are the most important parts of Twitch’s policy to keep in mind when streaming games:
- You cannot play copyrighted music while streaming on Twitch without a licensing agreement with the label or recording artist.
- You should delete all previously recorded videos, including videos from past broadcasts on demand (VOD), highlights, or clips containing copyrighted music, even if you have permission to play the song during live broadcasts. New license agreements are not retroactive and does not apply to older videos if you clearly have not received permission to do so.
- Stop using songs on live broadcasts and remove recorded content containing copyrighted music when the license agreements expire or change.
- Some artists may “grant” public permission to use their music on Twitch even though they are not actually authorized to do so. Make sure you check who is in charge of licensing the track and get the appropriate permission first (if you can).
- DMCA notifications are sent when the algorithm recognizes music or other media owned by another company. These notifications may be sent in error, so make sure you respond with a counter notification if you have your legitimate ducks in a row.
In short, don’t use music that you don’t have permission to play. If you’re not sure if you have permission, let’s say you don’t. Instead, visit one of several resources where you can get free (or affordable) professional quality ringtones for your streams.
For example, the Twitch Soundtrack tool only plays tracks from artists licensed with Twitch. But note that while it is a great live streaming tool, Twitch Soundtrack music is not licensed for recording. Streamers who archive their past broadcasts will either have to obtain the necessary licensing agreements themselves or use music that is already allowed for video on demand (VOD). Search for royalty-free or “safe to stream” music on Bandcamp, YouTube, Spotify and other apps, or use online libraries such as:
These resources should help you maintain the atmosphere you want for your streaming and video-on-demand without breaking copyright laws.
What about licensed music in the game?
Twitch reports that the vast majority of recent DMCA complaints came from record companies who objected to streamers using their tracks as background music. However, games like Fuser, Grand Theft Auto V, Tony Hawk’s Pro Skater, Rock Band and others that contain copyrighted music as part of the game itself can be dangerous. Streamers should review the game’s EULA to determine if broadcasting or posting of recorded gameplay is permitted. This may sound like a complicated process, but it’s actually quite simple:
- Before streaming a game with licensed music, search the Internet for its license agreement.
- Use your browser’s search tool (CTRL + F on Windows, Command + F on Mac) and search for words like Music, Stream, Broadcast, Licensed, etc. until you find the information you want …
If your search is unsuccessful, the best solution is not to stream the game at all. If you do, be sure to disable any gameplay with copyrighted music, even if that results in a fancy but hilarious requirement to stream a rhythm game without sound:
Perhaps this is really telling us that it’s time for game developers, musicians and streaming services to get together and find a fair and equitable licensing solution for amateur streaming of games.
[ Ars Technica ]