Hats off to @aureylian @MerryKish & @8bitdylan for handling a challenging Creator Camp session on this latest round of #Twitch and the #DMCA.
Remember, when it comes to legal stuff, always better safe than sorry. So with that, a thread from an attorney on the outside looking in:
Remember, when it comes to legal stuff, always better safe than sorry. So with that, a thread from an attorney on the outside looking in:
1) Delete EVERYTHING potentially infringing. I know this sucks, you've invested lots of time & effort in your content. Find a way to back it up OFFLINE by Friday. You can always edit & upload it later. This is the best way to be safe in what will be an even bigger storm to come.
(#1 continued) Just because a VOD was or wasn't muted, doesn't mean it's safe! The same goes for if you got the e-mail from Twitch saying that they've already deleted some content.
2) Use only SAFE audio sources for your live streams going forward. That can be Soundtrack, @Pretzel_Rocks, or no music at all; those have been vetted to a degree.
(#2 continued) If you MUST use someone else's music, make sure you get ALL the correct licenses & that a lawyer agrees with you. DMCA notices for LIVE content already exists and will expand.
3) As a creator, it's your responsibility to understand how the DMCA system works. Anyone can file a notice, rightfully or wrongly, just like anyone can sue you. A notice is NOT a determination of infringement.
(#3 continued) You have the legal right to submit a counter-notice if you think the initial notice & removal is wrong. However, this is a VERY serious step. Counter-notices are sent UNDER PENALTY OF PERJURY (meaning you have a good faith belief that the removal was incorrect).
(#3 continued again) There are significant legal implications to a counter-notice. If the original claimant decides fight your counter-notice, the next step is litigation which you consent to in your counter-notice.
4) Once a lawsuit begins, it's less about who is right or wrong than about who has the resources to see the case to the end. Twitch is just a platform, they aren't the judge. At this point, it's out of Twitch's hands and it's just you and the party claiming infringement.
(#4 continued) If you aren't prepared to fight it all the way, think very carefully about the course of action you take. I'm not trying to scare you but it's a broken system.
None of this is legal advice but it's what my experience has shown me while in this profession.
None of this is legal advice but it's what my experience has shown me while in this profession.
Use the resources available to you at Twitch & elsewhere to get educated.
Consult a professional when needed.
Keep creating content but please do so in a responsible manner.
I truly hope copyright law changes in end users' favor but until then, we have to play by the rules.
Consult a professional when needed.
Keep creating content but please do so in a responsible manner.
I truly hope copyright law changes in end users' favor but until then, we have to play by the rules.