"The DMCA strikes issued felt more like a warning shot. I think a user-focused DMCA reform is what we need, because -- keep in mind -- any change could also be made in favor of the corporations. "The June takedowns were a small sampling of what the huge labels like Universal and Warner can do", "As a Just Dance streamer, I've always been in the danger of getting a takedown, and the only way I feel like I could avoid that would be to dance without music, which just doesn't work," he says over email. The DMCA was largely at play here considering the music used in the videos was usually unlicensed. "As a result, it's reasonable to speculate that unlicensed or under-licensed video streaming services have become a priority for record labels, music publishers and collective management companies, who rely on those revenue streams. I found that out when I saw DanTDM on Twitch and I liked him, so I then followed some other people I know from YouTube and so on. -Countering a DMCA is dangerous. Twitch streamers are an important ally for PRs and marketers, helping drive anticipation and interest for new releases as well as sustaining lively communities for previous releases. The initial response seemed much more like a PR move, because there was a collective gasp from the community at the volume of streamers affected.". And typically you can jump in at any time and it makes sense. It's likely that future rhythm games will favour curating tracks by independent artists, rather than those by artists signed to any of the three major record labels. That's quite a lot of work. It takes a bit of research to find out what your best options are as a streamer, but it’s well worth the peace of mind. Streamers using copyrighted music could face serious consequences affecting their channel. "Sorting out licensing for a platform like Twitch will be a challenge, because it won't be able to rely on blanket licences from the collecting societies, certainly not on the recordings side, and probably not on the songs side either," Cooke says. As a service provider, Twitch is required to have a repeat infringer policy in place and so future takedowns will likely be counted as strikes. Twitch was keen to emphasise to users that its guidelines on music haven't changed, and that it's legally obliged to enforce DMCA claims in accordance with safe harbor laws. "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. Soundtrack by Twitch is the streaming platform’s latest offering. "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. "Most game companies neglect these responsibilities. By my estimate, this would affect more than 95% of game streams.". However these changes don’t eliminate all your options for having music playing on our stream. Although many streamers found this crackdown frustrating it’s good to see Twitch taking a better stance in supporting music content creators. Detailed info on the twitch DMCA guidelines can be found here. The current status is a system of whack-a-mole for copyright holders who prefer a stranglehold on their rights, rather than ensuring content can be used and licensed by fans.
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