This article is for educational purposes only. Nothing in this article shall constitute legal or other professional advice or an opinion of any kind. Please contact Amar-VR Law, or your own legal counsel, if you have any questions regarding a specific legal issue.
As a Twitch streamer, or an aspiring content creator, you know just how much work goes into the production of each video. There’s a lot of research and planning involved in the making of those entertaining streams that keep your audience coming back for more.
That’s what makes it so disheartening when you log in to your account and see that your video has been removed for copyright infringement. Nothing about your streaming process has changed, you’ve always used popular music in your content, so why are you facing possible legal action now?
Read on to learn about the exponential rise in Twitch’s copyright takedowns, and what you can do to keep your content thriving on one of the biggest streaming platforms worldwide.
Why Can Music in Your Twitch Stream Lead to s Copyright Takedown?
While it’s unsurprising that artists would take issue with their music being used without permission, using music on Twitch only recently became a major concern for streamers.
Why did this become such a hot topic all of a sudden? Because many streamers began finding their video content removed, or parts of the audio muted, for copyright infringement after years of streaming music without issue. This left many content creators confused and concerned for the future of their streaming endeavours.
Until recently, copyright holders often went unaware when their intellectual property was used on Twitch. Those who did know that streamers were using their assets were unlikely to take action because Twitch was still small-scale compared to other online platforms. This is how so many streamers were able to use popular music in their streams without licensing those assets.
Now, that Twitch has exploded in popularity, copyright holders have noticed that their assets are being used without authorization, and they’re coming after streamers who haven’t licensed their songs.
Twitch has two systems in place to detect and remove videos using copyrighted music without permission. The first is an automated tool that scans content and mutes audio that it recognizes as copyrighted. The second is their reporting process, through which users can alert the platform about streamers they believe to be using unlicensed music. Either system can lead to the muting of your content, or its removal from Twitch.
Twitch has a reputation for working with copyright holders, and they actively take down content for copyright violations. If you try to test the limits, Twitch may also permanently ban you from their platform (more on this later).
Your best bet is to protect yourself from legal trouble and avoid a takedown altogether.
How to Use Music Without the Risk
We frequently see streamers using music in the background of their content, so what steps need to be taken to use music on Twitch correctly?
First off, take a proactive approach to avoiding copyright violations. Don’t let music on your stream be an afterthought, otherwise, you may be stuck removing audio from your content to avoid a takedown (or to get it back online). Be sure that the only music your audience can hear is that which you’ve licensed or own.
We’re frequently asked if subscriptions to Spotify and other similar music platforms provide the necessary licensing to allow the use of their music library in your stream. The quick answer is “no”, as your licensing agreement only allows you to use the music for personal consumption, not for commercial purposes, such as streaming.
If you want to use music in your stream, but find the cost of licensing music to be prohibitive, there are creative alternatives available to you, such as using original songs, or using music with creative commons licensing (meaning that you’re allowed to use music that would otherwise be protected by copyright - as long as you follow the owner’s terms). Twitch has also launched its own feature, called “Soundtrack by Twitch”, to provide streamers with a library of licensed and curated music available to use for free during their live streams.
Overall, you should always avoid using music that you don’t have the rights to, since the wasted time and potential financial penalties won’t be worth it if you get caught. A Video Game Lawyer can help you determine exactly what music you can and cannot use in your stream, and go over best practices for licensing copyrighted songs if that’s your preference.
What Should I do if My Content has Been Taken Down?
Is it too late? If Twitch has already removed your content, you still have some options to get your stream up and running again.
Visit your Copyright Claims Manager on Twitch to view any copyright issues that might be affecting your content. From here, you can appeal any video that you feel was flagged in error, or look into next steps for licensing music or removing videos.
If you acquire proper licensing for the music in your affected stream, submit proof with your appeal and your content should return to the platform without issue.
If you’ve noticed that portions of your video are suddenly muted, this doesn’t mean that someone reported your content. This indicates that Twitch’s automated tool detected copyrighted audio in this particular portion of your stream, and muted it to protect you from copyright infringement penalties. You can appeal this just like you would for content takedowns, though muted videos do not negatively affect your account the same way that reports do.
Twitch has a “three-strike” system in place for repeat copyright infringements, meaning that if you do it 3 times, you will likely get a permanent suspension. Twitch is committed to working with copyright holders, so this is not a system you should push your luck with!
Conclusion
If streaming is an important part of your income or lifestyle, make sure that you fully understand the implications of using music in your stream, and how to do it without finding yourself in legal trouble. Don’t risk it all over copyright issues!
Contact Amar-VR Law
and speak with a Video Game Lawyer to ensure that your stream is in compliance with all of Twitch’s terms and conditions, especially when it comes to using the creative assets belonging to others.
