*_I agree. I 100% do not support censorship, but creativity thrives in a restrained environment. If the right person can figure out how to solve this issue, there’s literally millions of dollars to be made._*
@@nathanbennett2432 The music an artist releases independently has nothing to do with a label they sign to. In the very rare chance an artist signs and gives the masters of their independently released music to their label (which would be a braindead move to begin with) then sure that would be a problem. I would think there is legal protection of the streamer in that very rare occurrence.
@@JakeLewisReal a lot of them do sign their life away. Even Jack Harlow did and he already had a buzz going before What’s Poppin popped off no pun intended. He’d be making at least $10M this year if he was riding independently, but is only eating around $500k maybe 1M if lucky. As a producer, I ‘lease’ my beats to rappers. They pay $30 for a basic mp3 license aka the rights to stream their vocals on my beat (the literal song) for let’s just say 10,000 plays (this is a basic contract most producers sell in their licensing) - 10,000 plays all across the board where they’re able to make profit aka RUclips Apple Music Spotify, but they don’t own any rights or the masters to it aka exclusive license. Most artists are supposed to re purchase aka rent the beat again after 10k is surpassed, 99% of the time they do not. Legally, when they do that, the producer can take that specific song down and copyright strike everything. We basically act as our own record label. Obviously if signed to a label the label is on top of that stuff. Anyways, most rappers protect themselves and just buy the entire beat upfront anyways. Let’s just say $100~300. They get full rights and ownership of the best and just need to decide the splits of royalties (if any) and publishing rights the producer gets (cause the beat maker / person who made the instrumental to be rapped on is still “half the song”). Anyways my point of all this is, streamers should protect themselves if they do choose to work with artists. Maybe artist and streamer workout an unlimited contract. So the streamer holds onto that unlimited license rights even tho the artist may sell themselves entirely. For instance, artist A purchases an unlimited beat license. They can stream that song all they want even tho Artist B (or label) came and bought the beat entirely (masters) making their own song out of it. Artist A is generally safe if B wants to come around copyright claiming trying to bring it down. Hence my point, label can’t tell the streamer anything if the streamer holds an “unlimited license”. All in all I wish streamers were more informed about the music industry in general and artist/producers didn’t have to pay for promo on streams in the first place. They could’ve worked with us small folks and collaborated from the jump. But now people are paying the price for playing Drake all the time
Awesome rant in the beginning. One comment though: Video game music is 100% getting DMCA. Best example is anything Star Wars related is instantly flagged
Private videos won't stop it. ATM Sub Only vods likely has screened it, but as Twitch gets better, they will come hunting and they can see all the Vods, private or not.
Shit Devin, you got me FIRED UP when you started going in on Twitch for their - calling it what it is - *gross negligence*. It’s ridiculous that it’s come to this - where creators are having to delete their legacy. Your content is important and appreciated.
This is crazy. Like you said, many of the long time streamers have their entire career highlights potentially being deleted/ destroyed, on top or a ban for not deleting their career history. Edit: I rewatched that deskslam a few times. Epic! And fully deserved.
I wish I could empathise, but they just steal whatever music they want and play that during their stream. It's also not like they are unaware of the situation, the fact that record labels will come after anyone who steals their IP has been know for a long time. It was only a matter of time before this happened, in fact I'm surprised the labels haven't sued amazon yet for negligence and encouragement of copyright violations like they did with youtube.
@@lemeow8102 I think what George is saying is that Twitch says they're receiving DMCA take down notices (which identify which content on their site must be taken down) but they're not sharing that information with the creators. Maybe what's happened is Twitch received so many take down notices at once with such a short window to take the content down that they have no system in place to notify everyone, all they can do is say: "Take everything down!"
If anyone is looking for non-copyright music for their videos. Two artists that I use that are listed as non copyright are “Neffex” and “NCS.” They have a a large variety of non copyright music and their music is great. I use them all the time
I just tweeted Equal Vision Records and they said that their music is safe to stream if that helps. an example of someone under their label is the band Polyphia
Oh shit, EVR has like some of the best current bands anyway, especially Polyphia, this DMCA shit might actually benefit us all in a way. I'm sure other similar labels like Fearless, Rise wouldn't mind either. Prog/metal/rock bands getting more plays on stream and pop disappearing? Hey sign me up if that's the future.
@@theprimordialtv1310 I'd imagine most "smaller" labels are okay with it in the grand scheme of things, how else would they compete otherwise?This is the perfect opportunity. DMCA basically turning the industry upside down.
But here's the thing - verbal permission isn't enough - it needs to be in the algorithm because if a DMCA comes in, Twitch runs on a three strike system. If EVR screws up by mistake, and a single song of theirs is missing from the ID system of 'free music', and you have that song used as little as three times... even if they DMCAs get revoked later you hit the three strike system and Twitch bans you - you never come back from those bans. There needs to be a better system, ground up for us to work properly.
Good morning, Devin! I just wanted to thank you so much for providing this informative content. I've learned a lot about business and the media industry as a whole thanks to your hard work and ability to portray this knowledge in a very "easy to digest" manner. I hope you continue to provide us all with content for years to come! Cheers!
Instead of Downloading and Reuploading your VODs, you can connect your RUclips Account to your Twitch Account and export your VODs as private to your RUclips Channel, This takes much MUCH less time and effort to do so. Love the content Devin!
As a full time musician, I support the idea that people creating this music need to be compensated. When you stream a song from Spotify, you don't own the proper license to redistribute that to a larger group of people. In a live setting, most venues are paying ASCAP BMI or CCLI fees to cover the copyright fee for playing music. That might be something that Twitch needs to do if it's in the cards, they pay a fee to these PROs so music can be played and the artists can be compensated. I do agree though that Twitch failed in not providing a good identification system. And it's a miss to go back in time and ask creators to delete their past work. But I support this going forward. Music composers should be compensated for their work depending on the medium in which it's played.
Devin should do an interview with TheNeedleDrop, he must have dealt with music rights for years at this point and might have advice for people on how to contact and negotiate with music creators
I said this from the first round of DMCA bans: twitch already has the algorithm to mute parts of VOD with copyright audio, they JUST have to run it against clips. Also, marking a clip as "red" when you already know that it's "striked" should be so easy that any IT student or internship could do it. They are just too lazy to do it and it is so easy to leave it to the content creators.
Devin thank you for legit saying what I personally was thinking as well... Twitch dragged their feet forever... Then try to take a high road and control the narrative that they are doing you a favor... I called that a bull crap statement from them and you confirmed it! Thank you for all you do!
the worst part about it is there does not seem to be as many good non copyright song sources (from what lot have been complaining about) however you could always use a virtual/physical mixer and then play your music to your headphones and then route the copyright free music to your stream so its not dead silence and you get your music
Devin, since I want to consider streaming rhythm games (no, not just osu! or Stepmania, but actual old versions of DanceDanceRevolution and / or beatmania IIDX), I want to ask about how should streamers handle those games. Considering DanceDanceRevolution has licensed songs (including old Toshiba EMI Dancemania licenses), how should I approach playing those games, considering I won't be getting into the bread and butter of game streaming (MOBAs, most Battle Royales, and PVP games) anytime soon?
How does tv/movie clips line up in all of this? For example I have the Dave Chappelle "im rich b*tch" as a dono alert. Is this subject to dmca as well?
Maybe I am looking at too simple of a level but I do not think the solution from a law perceptive is not as complicated as it sounds. Copyright law just needs to be amended to bring it up to speed with current technology. 1. To be able to lodge a DMCA or Copyright strike on a platform amend to the law or make it mandatory that the claimant must provide sufficient evidence to support their claim. This is the corner stone of any law system. Not sure why suddenly these platforms are doing the guilty until proven innocent method & not the other way around. 2. Any company engaged in DMCA claims found to be making vexatious or frivolous DMCA claims with no merit are fined$10,000,000 per unsubstantiated claim. Any individual found guilty of the same issue, is fined $1,000,000 per false claim. 3. Form an industry funded DMCA body which independently run & reviews all DMCA claims. All fines from the vexatious or frivolous DMCA claims is also used to fund this organisation. Not sure if the above would work, but is it not worth a try to avoid the current BS happening?
Love the passion and love your work thank you for all you do and for helping us new streamers / content creators understand what is going on! 💙💚🤝🏻👊🏻💥💚💙
Just to clarify on your DMCA master list, you list Video Game Music as mostly safe to play while streaming. Does this only include the in-game audio of the games in question, or does this also include things like video game original soundtracks? For example, it I were to stream something like League of Legends but include music from say, Final Fantasy as background music would that be at risk for DMCA? For things like remixes I would assume the only safe option is to get direct permission from the artist, but for OSTs that have come out for games from ages ago there's no simple place to go to obtain those kinds of permissions.
So I have a question that hasn't been touched, but also it kinda resolved itself too. How is this affecting creators that are streaming within the realm of someone else is streaming CR music and it comes thru on your stream? Twitch did delete several of my VODs and clips where music came thru from someone else that I was playing something with and they were playing CR music on their stream at the time. That just seems jacked when it isn't our fault directly. I just went ahead and deleted all my stuff cause I've already done several montages with the clips/vods, but yeah this mess is messed up. They haven't even touched this...which is messed up, the problem of others streaming music because they don't care about strikes or getting banned.
Copyright should be taught properly in High School (it was not in mine, a long time ago). Instead, it's taught in university, in the form of research methods i.e. Literature Reviews and Citations, and these rules transfer over to using others' music as if its yours. So (1) While I agree with Nash in general, it is important to emphasize that (2) Reading (TOS) is important, and that (3) Reproducing others' works without permission is illegal. I'd prefer no such rules/laws in general, but they are there. Royalty Free Music and playlists are exploding. My advice to creators: pay attention everywhere. The onus really IS on you.
So if twitch auto deletes content which streamers have made revenue of. Do they now have rights to sue twitch in response to this? If I made my lively hood on a certain platform and they decide none of my content is now worthy after said claim? It sounds like the contemt creators, by sitting back and ignoring this, only worsens things on all ends..
Devin, there is also StreamBeats by Harris Heller that is copyright free music that you might want to put on that list of music you can play on stream.
What does he mean when he says foreign music is in the only 1% risk? Does that include really popular foreign music like kpop? I'm sort of confused because he didn't go into detail about that. What type of foreign music does that include?
Copyrighted music applied retroactively. . . so it's probably best/safest to do your own music (if you can) if you're not able to get permission from the artist. That probably needs to change. . . does anyone notify you before the takedown notice is sent that the copyright status for a song has changed so that you have a chance to take appropriate action?
A couple questions. Would appreciate if anyone can answer. 1) if you get dmca claimed. Do you get fined? Or is it just a warning with a limit of 3 total for you to get banned. 2) if you ask for permission from a company/artist. What do you need in response for proof that you got permission? Like do you need an actual legal form stating that they allow you to use their music or can you get by with just an email from them saying yes you can use it? 3) if music from an artist that is currently non copyrighted can copyright claimed in the future, should I ask for permission from the now, just in case? Or should I use them now as they are non copyrighted then ask for permission once they become copyrighted?
1) Nope no fines if you delete it. But you might get sued if you find a way to circumvent the DMCA ban system and keep doing it. 2) Well the problem is even if you get permission now, if that artist/company sell the copyright later on you will still get dmca and the new copyright owner will be in the rights. 3) I would probably ask permission anyway just to be cool with the artist, for the instance that it is being copyrighted later on, see above.
If the SFX is in a song it will get you a DMCA claim - but its a false one (unless you actually played that song) so you'll have to tell Twitch about it. For example the old dialup modem/connecting sound will get you DMCA because its used in some random song.
Here I am getting copyright claimed on RUclips for Streambeats music because some songs use loops and sometimes even whole parts of big copyrighted songs which seems to be a grey area. (Compare the Streambeats-Song Enigma with Sumit Goswami Red Eye which has almost 9 Mio views on RUclips. It's the same song.). I feel these days nothing is safe.
I love the content and appreciate the statement. I do agree that twitch needs to do a lot better but at the same time the twitch community shouldn't be using this music without the rights... I know a lot of people will dislike this comment but it's the law and we need work together within the laws. It's an older law, sure, but there's good reason for it. If you make money with someone else's creation then why don't they get a right to their part in it. They didn't get a say in this case.
Just got to the part where you addressed that. This is why I like your videos :) You're not trying to blame someone else for your actions. You're just trying to hold twitch accountable for having a better platform and better tools to help you.
I believe that creators should be paid for their work. I also believe that the law fails to keep up with how people actually consume/use media. Making more laws to cling to archaic distribution systems is frustrating.
And I wanted to start streaming last weekend. Stream Rocksmith. Now what to do if I would like to stream Rocksmith more? :-( And I have also different problem, I am musician on an instrument which name is a rude word in english, so I can not even use my instrument in name or my profession while I stream.
I don't understand why these massive companies can't just get over themselves. Copyright law was created to prevent the theft of others' creative work, and yet people have become so greedy that they refuse to let anyone else use their content. Using copyrighted music as a RUclips intro or anything else that represents my brand is understandable; you are profiting and growing your brand using someone else's work. I understand intellectual rights, but am I really breaching them if I just play some music for me and my viewers? In doing that am I really claiming that work as my own? If me and my community can't enjoy music together, what is the purpose in making that music in the first place? Artistic expression should be shared and enjoyed by all, not used to make money.
I’m very surprised that this is an issue in 2020. Copyright infringement was an issue on RUclips over 10 years ago! Facebook doesn’t allow you to upload vids with copyright music either, and I’m sure that was 7 years ago. If people have been streaming for over 8 years, how can you ignore these laws. Maybe I’m ignorant in thinking this is common knowledge
Well the individual liability depends on your countrys national law, but the channel on twitch must adhere to the us law. If Twitch want's to be able to operate in US they need to show that they are doing what they can in accordance to be put under the "safe harbor" flag, and that means that they have to ban you after 3 dmca strikes.
In general, I always get annoyed when someone uses excel or spreadsheet to present something, even in class or at work. They never zoom in, so I cant see much as an audience. Even though I like neatly organize info, I cant be bother to squint my eyes all the time to read their stuff.
Hopefully it finally kills these dumpster fire toxic platforms that hate their creators. It's kind of already happening, whole sections of twitch are basically gone. The whole musician scene and rythm games.
If a friend of mine asks an artist for permission to use their songs in stream, should I be asking for myself, or does the permission granted to my friend also apply to others?
Of course, every person who wants to use your friend's music must ask your friend for permission. Just because they gave you permission, doesn't mean they gave everyone permission. Alternatively, your friend can voluntarily decide to make their music public domain or openly give expressed permission to others to use their music.
Twitch should Unite all streamers , yes all streamers doesn't matter if they are big or small community and try to solve this problem together. Can't they buy the DMCA claims for every single songs avaibale and ask for approval to allow the platform streamers to use it freely?? Yes they failed with this, however it still fixable but twitch doesn't really care about legacy or all the shit the streamers went thru all the years of their streamer career.
While I hate twitch, streamers should know that streaming copyright music is a pretty dumb thing to do and copyright holders could swoop in at any second and strike them down. Streamers seem to act like children whenever someone takes a clip of their vod and uploads it soemhwere so I don't see how they can act all high and mighty when a copyright holder of content they didn't make comes in and wants it removed from their stream too. Obviously music playing in the background for most streams is just that, the argument if it was some dancing stream or a game with music like rockband the music plays a bigger role with the stream significance. However, its still copyright nonetheless no mater how outdated and dumb we all think copyright can be these days the law is the law and the law doesn't really care if a streamer thought playing that popular song is ok live stream with in the end. The best option is to stream with only copyright free music but lets be honest, even on youtube guys who make their own music can have their channels struck down by false copyright. I have no doubt there will be groups on twitch filing false claims the same way.
I talked about it here on my channel. To comply with DMCA? Just play non copyrighted music. That way, You don't have to stress about it. They are some nice songs here on YT in the creators section. Or I have provided some links. I went through all of em. They have all sorts of genres. For example if you are a metal head(Heavy Metal) like myself..They are some nice selections in there. www.pretzel.rocks/ whitebataudio.com hypeddit.com
Hi! Would it be possible to add "Spicyverse" to your spreadsheet for streamer/youtube content safe music please? We may be small compared to Streambeats but we are growing gradually. We can be found on most streaming platforms.
Can anyone explain to me, why deleting their vods is an issue, does anyone even watch those? I was always under the impression that those are just as an archive, but not that important. Also, does the DMCA thing affect live streaming or just the recorded vods?
You are not supposed to include copyrighted material in your videos/live streams, platforms know it yet they allow it, streamers and creators know it yet they still use copyrighted material. But at the end of the day, the ones that are deciding to use that material are the streamers and creators. If Twitch is asking them to delete those VODs is actually to HELP streamers, those VODs can be used as PROOF/EVIDENCE if the copyright holder decides to sue your ass. The monetary gain from watching VOD is minimal but still is against the DMCA law. We can bitch and cry about the law to have that as a PUBLIC archive why? but it's a law and we should follow it or pay the consequences of our decision to break it. Video games work in a different level than music or video, there are plenty of games whom devs allow streaming but for music, remember, when we "buy" a song, we are not actually buying the song, we are paying for a LICENSE to play that song in our house or in private not publicly, live streaming on twitch is open to the public thus, if someone plays either a song or a video during a live stream is breaking that law. The reproduction of those same songs/videos on a VoD falls under the same law. This law is very complex and for some is very abusive. Some say "hey it's free promotion dickheads!" and it is true BUT how many of the viewers do actually go and buy that license (song)? viewers are most likely to just go to youtube/free spotify and add that song to a playlist without spending a dime. IF I watch a whole season of any given tv show that someone uploaded on youtube it's very rare that I'll go buy the actual tv show. Those and many more are the reasons why this law exists.
So what if you argue that you, the streamer, are simply hosting the stream, and the stream is the platform for the viewers, and the content is from those individual viewers (probably most applicable for recaps/LSF/just chatting/react Andy's). So as the streamer you argue for the Safe Harbor to apply to your stream - your platform
Twitch has surely failed to give a proper Content-ID System, but just as stated in this video, RUclips had and still has this issue with it and there are insanes amount of resources poured into it. However, the one single thing I don't understand: Have people absolutely NOT done ANY research before dumping content out? When I started I talked with several lawyers and got myself informed and it was very clear 8 years ago that these things were not legal at the time, just that Twitch was a wild west and youtube was already getting regulated. And so far I've never gotten a single strike on youtube, only two (unrightful that is) claims because of their ID system to be worked on. Don't use anything you don't have permission to use, simple as that is. Whenever I covered new games, I talked to the publisher/developer first to get an email or any other written document giving me permission to do so. While I hate the fact that there is no easy solution, MOST people brought this upon themselves by bandwagoning onto the wild west train of twitch and just stream everything without paying attention to it. You are the only person liable for your content. Get into a network or inform yourself, not only do you get alot of benefits in terms of agreements upfront, but also a backup plan in case you can't solve the problem.
Good opportunity for independent musicians and streamers to work together.
*_I agree. I 100% do not support censorship, but creativity thrives in a restrained environment. If the right person can figure out how to solve this issue, there’s literally millions of dollars to be made._*
Until the musician gets signed and all the vids and clips are then copyright struck
@@nathanbennett2432 The music an artist releases independently has nothing to do with a label they sign to. In the very rare chance an artist signs and gives the masters of their independently released music to their label (which would be a braindead move to begin with) then sure that would be a problem. I would think there is legal protection of the streamer in that very rare occurrence.
It’ll help growing musicians explode on twitch 👍
@@JakeLewisReal a lot of them do sign their life away. Even Jack Harlow did and he already had a buzz going before What’s Poppin popped off no pun intended. He’d be making at least $10M this year if he was riding independently, but is only eating around $500k maybe 1M if lucky. As a producer, I ‘lease’ my beats to rappers. They pay $30 for a basic mp3 license aka the rights to stream their vocals on my beat (the literal song) for let’s just say 10,000 plays (this is a basic contract most producers sell in their licensing) - 10,000 plays all across the board where they’re able to make profit aka RUclips Apple Music Spotify, but they don’t own any rights or the masters to it aka exclusive license. Most artists are supposed to re purchase aka rent the beat again after 10k is surpassed, 99% of the time they do not. Legally, when they do that, the producer can take that specific song down and copyright strike everything. We basically act as our own record label. Obviously if signed to a label the label is on top of that stuff. Anyways, most rappers protect themselves and just buy the entire beat upfront anyways. Let’s just say $100~300. They get full rights and ownership of the best and just need to decide the splits of royalties (if any) and publishing rights the producer gets (cause the beat maker / person who made the instrumental to be rapped on is still “half the song”). Anyways my point of all this is, streamers should protect themselves if they do choose to work with artists. Maybe artist and streamer workout an unlimited contract. So the streamer holds onto that unlimited license rights even tho the artist may sell themselves entirely. For instance, artist A purchases an unlimited beat license. They can stream that song all they want even tho Artist B (or label) came and bought the beat entirely (masters) making their own song out of it. Artist A is generally safe if B wants to come around copyright claiming trying to bring it down. Hence my point, label can’t tell the streamer anything if the streamer holds an “unlimited license”. All in all I wish streamers were more informed about the music industry in general and artist/producers didn’t have to pay for promo on streams in the first place. They could’ve worked with us small folks and collaborated from the jump. But now people are paying the price for playing Drake all the time
"They were too lazy to implement a system RUclips did 8 years ago"
Mic drop!
Awesome rant in the beginning.
One comment though: Video game music is 100% getting DMCA. Best example is anything Star Wars related is instantly flagged
I feel that example is under Movie Soundtracks and not video game music but video game music might become who the copyright holder is.
Devin went hard on Twitch staff in this one. He right tho. We needed an identification system and someway to make videos private.
Private videos won't stop it. ATM Sub Only vods likely has screened it, but as Twitch gets better, they will come hunting and they can see all the Vods, private or not.
Shit Devin, you got me FIRED UP when you started going in on Twitch for their - calling it what it is - *gross negligence*. It’s ridiculous that it’s come to this - where creators are having to delete their legacy. Your content is important and appreciated.
This is crazy. Like you said, many of the long time streamers have their entire career highlights potentially being deleted/ destroyed, on top or a ban for not deleting their career history.
Edit: I rewatched that deskslam a few times. Epic! And fully deserved.
I wish I could empathise, but they just steal whatever music they want and play that during their stream. It's also not like they are unaware of the situation, the fact that record labels will come after anyone who steals their IP has been know for a long time. It was only a matter of time before this happened, in fact I'm surprised the labels haven't sued amazon yet for negligence and encouragement of copyright violations like they did with youtube.
What I don't understand is how they can identify that there is a DMCA violation but can't tell you what clip or vod it was.
its not twitch that identifies dmca's its the independent publishers who look for clips that are handing out the dmcas
@@lemeow8102 I think what George is saying is that Twitch says they're receiving DMCA take down notices (which identify which content on their site must be taken down) but they're not sharing that information with the creators. Maybe what's happened is Twitch received so many take down notices at once with such a short window to take the content down that they have no system in place to notify everyone, all they can do is say: "Take everything down!"
@@PCoutcast OH yeah thats very fair, thanks for clearing that up :)
If anyone is looking for non-copyright music for their videos. Two artists that I use that are listed as non copyright are “Neffex” and “NCS.” They have a a large variety of non copyright music and their music is great. I use them all the time
You could also just use Harris Heller's StreamBeats. I've been using that exclusively and have not had any issue.
Also, the rapper Crypt has said that he will allow you to stream his music: twitter.com/CryptTheRapper/status/1318731430155948033
I just tweeted Equal Vision Records and they said that their music is safe to stream if that helps. an example of someone under their label is the band Polyphia
Oh shit, EVR has like some of the best current bands anyway, especially Polyphia, this DMCA shit might actually benefit us all in a way.
I'm sure other similar labels like Fearless, Rise wouldn't mind either.
Prog/metal/rock bands getting more plays on stream and pop disappearing?
Hey sign me up if that's the future.
UNFD is also chill with streaming their music
@@theprimordialtv1310 I'd imagine most "smaller" labels are okay with it in the grand scheme of things, how else would they compete otherwise?This is the perfect opportunity.
DMCA basically turning the industry upside down.
But here's the thing - verbal permission isn't enough - it needs to be in the algorithm because if a DMCA comes in, Twitch runs on a three strike system. If EVR screws up by mistake, and a single song of theirs is missing from the ID system of 'free music', and you have that song used as little as three times... even if they DMCAs get revoked later you hit the three strike system and Twitch bans you - you never come back from those bans.
There needs to be a better system, ground up for us to work properly.
@@charsiuwu8084 I had the exact same concern, hopefully there can be a solid work around for this.
Good morning, Devin!
I just wanted to thank you so much for providing this informative content. I've learned a lot about business and the media industry as a whole thanks to your hard work and ability to portray this knowledge in a very "easy to digest" manner. I hope you continue to provide us all with content for years to come!
Cheers!
I haven't seen Devin this mad ever
It's almost like Twitch see DMCA takedowns as an opportunity to clear zigabytes of server space. Welcome to the world of Broadcasting regulations.
Instead of Downloading and Reuploading your VODs, you can connect your RUclips Account to your Twitch Account and export your VODs as private to your RUclips Channel, This takes much MUCH less time and effort to do so. Love the content Devin!
@@akselmani This was geared towards people who don't watch the whole video
As a full time musician, I support the idea that people creating this music need to be compensated. When you stream a song from Spotify, you don't own the proper license to redistribute that to a larger group of people. In a live setting, most venues are paying ASCAP BMI or CCLI fees to cover the copyright fee for playing music. That might be something that Twitch needs to do if it's in the cards, they pay a fee to these PROs so music can be played and the artists can be compensated. I do agree though that Twitch failed in not providing a good identification system. And it's a miss to go back in time and ask creators to delete their past work. But I support this going forward. Music composers should be compensated for their work depending on the medium in which it's played.
We wrote a tweet 3 months ago. You're welcome.
Thanks for going out of your way to help people Devin. You are the hero we deserve.
I'm so frustrated that after all these years, NO ONE has come up with a simplified way to pay for licensed clips.
We need copyright reform! There should never be a retroactive action against properly permissioned content later becoming copyrighted!
@Devin Nash Harris Heller released a completely copyright free Spotify playlist using lofi music that he paid to create.
Thanks for all the hard work you're putting into this to help out streamers!
I love the brutal honesty some newer streamers my not know about all of this stuff
Devin, I think you're awesome. Your insight has helped me as a content creator to be more aware about how to improve my channels! Thank you!
As a piano player, all I have to say is: gg.
F in chat for us please
@@lara6683 F
Devin Nash doing the lord's work! Good stuff man!
Devin should do an interview with TheNeedleDrop, he must have dealt with music rights for years at this point and might have advice for people on how to contact and negotiate with music creators
I said this from the first round of DMCA bans: twitch already has the algorithm to mute parts of VOD with copyright audio, they JUST have to run it against clips.
Also, marking a clip as "red" when you already know that it's "striked" should be so easy that any IT student or internship could do it. They are just too lazy to do it and it is so easy to leave it to the content creators.
Damn it was kinda cute how he slammed his desk. Keep up your work Devin, I love your huge effort towards the industry!
I love how Devin always tries to give all of us info :)
It's crazy at this point that a solution is to upload all your clips to RUclips to find what's at risk of DMCA. All because of Twitch's negligence.
Devin thank you for legit saying what I personally was thinking as well... Twitch dragged their feet forever... Then try to take a high road and control the narrative that they are doing you a favor... I called that a bull crap statement from them and you confirmed it! Thank you for all you do!
Yoo I love Devin always bringing all the facts
the worst part about it is there does not seem to be as many good non copyright song sources (from what lot have been complaining about) however you could always use a virtual/physical mixer and then play your music to your headphones and then route the copyright free music to your stream so its not dead silence and you get your music
This was super helpful ... thank you so much for the information
Devin, since I want to consider streaming rhythm games (no, not just osu! or Stepmania, but actual old versions of DanceDanceRevolution and / or beatmania IIDX), I want to ask about how should streamers handle those games. Considering DanceDanceRevolution has licensed songs (including old Toshiba EMI Dancemania licenses), how should I approach playing those games, considering I won't be getting into the bread and butter of game streaming (MOBAs, most Battle Royales, and PVP games) anytime soon?
How does tv/movie clips line up in all of this? For example I have the Dave Chappelle "im rich b*tch" as a dono alert. Is this subject to dmca as well?
Maybe I am looking at too simple of a level but I do not think the solution from a law perceptive is not as complicated as it sounds. Copyright law just needs to be amended to bring it up to speed with current technology.
1. To be able to lodge a DMCA or Copyright strike on a platform amend to the law or make it mandatory that the claimant must provide sufficient evidence to support their claim. This is the corner stone of any law system. Not sure why suddenly these platforms are doing the guilty until proven innocent method & not the other way around.
2. Any company engaged in DMCA claims found to be making vexatious or frivolous DMCA claims with no merit are fined$10,000,000 per unsubstantiated claim. Any individual found guilty of the same issue, is fined $1,000,000 per false claim.
3. Form an industry funded DMCA body which independently run & reviews all DMCA claims. All fines from the vexatious or frivolous DMCA claims is also used to fund this organisation.
Not sure if the above would work, but is it not worth a try to avoid the current BS happening?
Always good for Devy to help the community.
Thanks for the info Devin! Didn't get an email but I heard alot of buzz around this.
Love the passion and love your work thank you for all you do and for helping us new streamers / content creators understand what is going on! 💙💚🤝🏻👊🏻💥💚💙
Just to clarify on your DMCA master list, you list Video Game Music as mostly safe to play while streaming. Does this only include the in-game audio of the games in question, or does this also include things like video game original soundtracks?
For example, it I were to stream something like League of Legends but include music from say, Final Fantasy as background music would that be at risk for DMCA?
For things like remixes I would assume the only safe option is to get direct permission from the artist, but for OSTs that have come out for games from ages ago there's no simple place to go to obtain those kinds of permissions.
RUclips algorithm - EAT THIS!
Great TED talk, thank you sensei 🙏🏾
The first RUclips video of Devin's that doesn't cut him off mid sentence
Put Tim on the thumbnail, CLICK BAIT LV.3000! Love your content Devin!
i take it these dmca strike also will cover donation/follower/sub sounds? will u be flagged for them aswell even tho it just a few seconds ?
Are you safe on twitch if you do not store vods or allow clips?
Finally! Feels like a year since your last video 😭
So I have a question that hasn't been touched, but also it kinda resolved itself too. How is this affecting creators that are streaming within the realm of someone else is streaming CR music and it comes thru on your stream? Twitch did delete several of my VODs and clips where music came thru from someone else that I was playing something with and they were playing CR music on their stream at the time. That just seems jacked when it isn't our fault directly. I just went ahead and deleted all my stuff cause I've already done several montages with the clips/vods, but yeah this mess is messed up. They haven't even touched this...which is messed up, the problem of others streaming music because they don't care about strikes or getting banned.
Copyright should be taught properly in High School (it was not in mine, a long time ago). Instead, it's taught in university, in the form of research methods i.e. Literature Reviews and Citations, and these rules transfer over to using others' music as if its yours. So (1) While I agree with Nash in general, it is important to emphasize that (2) Reading (TOS) is important, and that (3) Reproducing others' works without permission is illegal. I'd prefer no such rules/laws in general, but they are there. Royalty Free Music and playlists are exploding. My advice to creators: pay attention everywhere. The onus really IS on you.
Keep up the work!!!!!! I'll see you in stream!
GTA streamers got dozens of claims against the sirens on cop cars... triggered an AKON song KEKW
Thanks for the info - appreciate it
So if twitch auto deletes content which streamers have made revenue of. Do they now have rights to sue twitch in response to this?
If I made my lively hood on a certain platform and they decide none of my content is now worthy after said claim? It sounds like the contemt creators, by sitting back and ignoring this, only worsens things on all ends..
Devin, there is also StreamBeats by Harris Heller that is copyright free music that you might want to put on that list of music you can play on stream.
What does he mean when he says foreign music is in the only 1% risk? Does that include really popular foreign music like kpop? I'm sort of confused because he didn't go into detail about that. What type of foreign music does that include?
Copyrighted music applied retroactively. . . so it's probably best/safest to do your own music (if you can) if you're not able to get permission from the artist. That probably needs to change. . . does anyone notify you before the takedown notice is sent that the copyright status for a song has changed so that you have a chance to take appropriate action?
A couple questions. Would appreciate if anyone can answer.
1) if you get dmca claimed. Do you get fined? Or is it just a warning with a limit of 3 total for you to get banned.
2) if you ask for permission from a company/artist. What do you need in response for proof that you got permission? Like do you need an actual legal form stating that they allow you to use their music or can you get by with just an email from them saying yes you can use it?
3) if music from an artist that is currently non copyrighted can copyright claimed in the future, should I ask for permission from the now, just in case? Or should I use them now as they are non copyrighted then ask for permission once they become copyrighted?
1) Nope no fines if you delete it. But you might get sued if you find a way to circumvent the DMCA ban system and keep doing it.
2) Well the problem is even if you get permission now, if that artist/company sell the copyright later on you will still get dmca and the new copyright owner will be in the rights.
3) I would probably ask permission anyway just to be cool with the artist, for the instance that it is being copyrighted later on, see above.
RUclips's Content ID is 10 years old. I find mind-boggling that Twitch didn't see this coming.
Devin smacking the table is the cutes fuckin thing ever!
So... when are content creators going to finally create their own platform instead of letting these corporate monsters steal everything we do?
The passion and the hard facts make this video insanely high value and inspirational
How does this apply to SFX on stream? Example: 5 second sound clip of something other than music or even music?
If the SFX is in a song it will get you a DMCA claim - but its a false one (unless you actually played that song) so you'll have to tell Twitch about it.
For example the old dialup modem/connecting sound will get you DMCA because its used in some random song.
Here I am getting copyright claimed on RUclips for Streambeats music because some songs use loops and sometimes even whole parts of big copyrighted songs which seems to be a grey area. (Compare the Streambeats-Song Enigma with Sumit Goswami Red Eye which has almost 9 Mio views on RUclips. It's the same song.).
I feel these days nothing is safe.
Big pogs, great video!
The reaction to Alex Hutchinson has been hilarious.
Twitch is worse than RUclips anyways. I feel bad for the people this happens too, best of luck. ~ Travis
I fucking love Devin Nash.
I love the content and appreciate the statement. I do agree that twitch needs to do a lot better but at the same time the twitch community shouldn't be using this music without the rights... I know a lot of people will dislike this comment but it's the law and we need work together within the laws. It's an older law, sure, but there's good reason for it. If you make money with someone else's creation then why don't they get a right to their part in it. They didn't get a say in this case.
Just got to the part where you addressed that. This is why I like your videos :) You're not trying to blame someone else for your actions. You're just trying to hold twitch accountable for having a better platform and better tools to help you.
I believe that creators should be paid for their work. I also believe that the law fails to keep up with how people actually consume/use media. Making more laws to cling to archaic distribution systems is frustrating.
And I wanted to start streaming last weekend. Stream Rocksmith. Now what to do if I would like to stream Rocksmith more? :-(
And I have also different problem, I am musician on an instrument which name is a rude word in english, so I can not even use my instrument in name or my profession while I stream.
I don't understand why these massive companies can't just get over themselves. Copyright law was created to prevent the theft of others' creative work, and yet people have become so greedy that they refuse to let anyone else use their content. Using copyrighted music as a RUclips intro or anything else that represents my brand is understandable; you are profiting and growing your brand using someone else's work. I understand intellectual rights, but am I really breaching them if I just play some music for me and my viewers? In doing that am I really claiming that work as my own? If me and my community can't enjoy music together, what is the purpose in making that music in the first place? Artistic expression should be shared and enjoyed by all, not used to make money.
I’m very surprised that this is an issue in 2020. Copyright infringement was an issue on RUclips over 10 years ago! Facebook doesn’t allow you to upload vids with copyright music either, and I’m sure that was 7 years ago. If people have been streaming for over 8 years, how can you ignore these laws. Maybe I’m ignorant in thinking this is common knowledge
Devin is fired up in this video.
what if twitch wants to save storage space it's in their interest to delete all of the old vods/clips
Burning everything while I watch this just in case I can save it! Love you Devin keep it up!
so wait if i started in November 2019 do i have to delete all my streams then too for being a small streamer
Does DMCA reach out to other Countries? I'm from Turkey. I'm wondering if these apply to me. Thank you so much you are insane
Well the individual liability depends on your countrys national law, but the channel on twitch must adhere to the us law. If Twitch want's to be able to operate in US they need to show that they are doing what they can in accordance to be put under the "safe harbor" flag, and that means that they have to ban you after 3 dmca strikes.
i havw 150 followers do i have to wry about playin music in the past ? i been streaming less than a year now
Imagine the $$$ in diskspace and server processing saved by Twitch by pushing creators to delete their data.
I guess the DJ community is done here now too.
In general, I always get annoyed when someone uses excel or spreadsheet to present something, even in class or at work.
They never zoom in, so I cant see much as an audience.
Even though I like neatly organize info, I cant be bother to squint my eyes all the time to read their stuff.
I'm straight but Devin Nash angry got me 😍
The problem is that non-copyright music is usually pretty shitty.
does this include clips that other people clipped themselves?
Yes. Anything you streamed means you’re liable for it.
I watch all your content. Greetings from Gaming Curios!
Hopefully it finally kills these dumpster fire toxic platforms that hate their creators. It's kind of already happening, whole sections of twitch are basically gone. The whole musician scene and rythm games.
If a friend of mine asks an artist for permission to use their songs in stream, should I be asking for myself, or does the permission granted to my friend also apply to others?
Do you have written permission you can show to play on YOUR channel? Theres your answer
Of course, every person who wants to use your friend's music must ask your friend for permission. Just because they gave you permission, doesn't mean they gave everyone permission. Alternatively, your friend can voluntarily decide to make their music public domain or openly give expressed permission to others to use their music.
Twitch should Unite all streamers , yes all streamers doesn't matter if they are big or small community and try to solve this problem together. Can't they buy the DMCA claims for every single songs avaibale and ask for approval to allow the platform streamers to use it freely?? Yes they failed with this, however it still fixable but twitch doesn't really care about legacy or all the shit the streamers went thru all the years of their streamer career.
Devin got worked up in this one, his POWER LEVEL WAS OVER 9,000!!!!
Poggers! You've been a great help Devin!
While I hate twitch, streamers should know that streaming copyright music is a pretty dumb thing to do and copyright holders could swoop in at any second and strike them down. Streamers seem to act like children whenever someone takes a clip of their vod and uploads it soemhwere so I don't see how they can act all high and mighty when a copyright holder of content they didn't make comes in and wants it removed from their stream too.
Obviously music playing in the background for most streams is just that, the argument if it was some dancing stream or a game with music like rockband the music plays a bigger role with the stream significance. However, its still copyright nonetheless no mater how outdated and dumb we all think copyright can be these days the law is the law and the law doesn't really care if a streamer thought playing that popular song is ok live stream with in the end.
The best option is to stream with only copyright free music but lets be honest, even on youtube guys who make their own music can have their channels struck down by false copyright. I have no doubt there will be groups on twitch filing false claims the same way.
I talked about it here on my channel. To comply with DMCA? Just play non copyrighted music. That way, You don't have to stress about it. They are some nice songs here on YT in the creators section. Or I have provided some links. I went through all of em. They have all sorts of genres. For example if you are a metal head(Heavy Metal) like myself..They are some nice selections in there. www.pretzel.rocks/
whitebataudio.com
hypeddit.com
Hi! Would it be possible to add "Spicyverse" to your spreadsheet for streamer/youtube content safe music please? We may be small compared to Streambeats but we are growing gradually. We can be found on most streaming platforms.
If he doesn’t see this try messaging him or typing in chat while he’s streaming.
@@sethyboy0 I have requested via twitter too but shall attempt to contact when streaming too. Thank you!
Shit gets real when the notepad comes out
Amazon won't spend 1 red cent more than it has too.
The irony of all of this, is Twitch is cancelling everyone. At the same time. Btw.
Can anyone explain to me, why deleting their vods is an issue, does anyone even watch those?
I was always under the impression that those are just as an archive, but not that important.
Also, does the DMCA thing affect live streaming or just the recorded vods?
You are not supposed to include copyrighted material in your videos/live streams, platforms know it yet they allow it, streamers and creators know it yet they still use copyrighted material. But at the end of the day, the ones that are deciding to use that material are the streamers and creators. If Twitch is asking them to delete those VODs is actually to HELP streamers, those VODs can be used as PROOF/EVIDENCE if the copyright holder decides to sue your ass. The monetary gain from watching VOD is minimal but still is against the DMCA law. We can bitch and cry about the law to have that as a PUBLIC archive why? but it's a law and we should follow it or pay the consequences of our decision to break it.
Video games work in a different level than music or video, there are plenty of games whom devs allow streaming but for music, remember, when we "buy" a song, we are not actually buying the song, we are paying for a LICENSE to play that song in our house or in private not publicly, live streaming on twitch is open to the public thus, if someone plays either a song or a video during a live stream is breaking that law. The reproduction of those same songs/videos on a VoD falls under the same law. This law is very complex and for some is very abusive. Some say "hey it's free promotion dickheads!" and it is true BUT how many of the viewers do actually go and buy that license (song)? viewers are most likely to just go to youtube/free spotify and add that song to a playlist without spending a dime. IF I watch a whole season of any given tv show that someone uploaded on youtube it's very rare that I'll go buy the actual tv show.
Those and many more are the reasons why this law exists.
Desk Slam will be the new Meme!
twitch is also just being plain lazy for not obtaining the option of a music broadcasting license for partners/affiliates.
Meanwhile budget site like Mixcloud was able to obtain the licenses for live streaming. That being said, reposting is still an issue I believe.
So what if you argue that you, the streamer, are simply hosting the stream, and the stream is the platform for the viewers, and the content is from those individual viewers (probably most applicable for recaps/LSF/just chatting/react Andy's). So as the streamer you argue for the Safe Harbor to apply to your stream - your platform
Twitch has surely failed to give a proper Content-ID System, but just as stated in this video, RUclips had and still has this issue with it and there are insanes amount of resources poured into it.
However, the one single thing I don't understand:
Have people absolutely NOT done ANY research before dumping content out? When I started I talked with several lawyers and got myself informed and it was very clear 8 years ago that these things were not legal at the time, just that Twitch was a wild west and youtube was already getting regulated.
And so far I've never gotten a single strike on youtube, only two (unrightful that is) claims because of their ID system to be worked on.
Don't use anything you don't have permission to use, simple as that is. Whenever I covered new games, I talked to the publisher/developer first to get an email or any other written document giving me permission to do so.
While I hate the fact that there is no easy solution, MOST people brought this upon themselves by bandwagoning onto the wild west train of twitch and just stream everything without paying attention to it.
You are the only person liable for your content. Get into a network or inform yourself, not only do you get alot of benefits in terms of agreements upfront, but also a backup plan in case you can't solve the problem.
@@56TheDoctor56 most likely, unless you can wiggle yourself out with the fair use law there, but that doesn't apply to every country