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:
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.
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.
You can follow @ShengAtLaw.
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