In 2020, many streamers got hit by a wave of DMCA takedown requests for old clips and VODs which affected the streamer's standing.
Since Twitch is currently using a three-strike rule similar to YouTube and other platforms, this put some streamers on the verge of being banned.

My proposal is to let such takedowns "expire" after a period of e.g. 90 days, i.e. they don't affect Good Standing after that period.
Since takedowns (regardless of whether justified or not) can appear on years-old content and even live content, this would introduce a fair solution to streamers and Twitch, and is already being successfully used on similar platforms.

The musical atmosphere being an important part for the creation of content on the platform, and to limit future problems with the DMCA as we can see now.

I propose an extension (or a feature) in partnership with the main music streaming software that would allow music to be broadcast directly on the live page and not integrated into the video stream.

If we take the example of Spotify, having to link its twitch page with spotify so that the viewers can hear the music we add to our stream in real time

And of course find a way for the music to be broadcast in the headphones of the streamer without it being picked up by the streaming software in a simple way (with audio channel management)

This would simply allow music to be streamed without copyright issues knowing that users would listen to them directly via partner streaming platforms.

llllllllllllllllllllllllllllllllllllllllllllll[FRENCH \/]llllllllllllllllllllllllllllllllllllllllllllll

L'ambiance musical étant une partie important pour la création de contenue sur la plateforme, et pour limiter a l'avenir des problème avec le DMCA comme l'on peux voir actuellement,.

Je propose une extention (ou une feature) en partenatiat avec les princiaux logiciel de streaming musical que permetterait de diffuser la musique directement sur la page du live et non pas intégré au flux vidéo.

Si l'on prend l'exemple de Spotify, devoir lier sa page twitch avec spotify afin que la diffusion le viewers entende en temps réelle la musique que l'on ajoute a notre stream.

Et bien sur trouver un moyen pour que la musique soit diffuser dans le casque du streamer sans que cela soit capté par les logiciel de streaming de façon simple (avec une gestion des canal audio)

Cela permettrait simplement de diffuser de la musique sans problème de droit d'auteur sachant que les utilisateurs les ecouterait directement via les platforme de streaming partenaire

Evidence of the situation I describe will be at the end of this description.

Twitch streamers are being DMCA'd despite deleting all of their old VODs and clips that they were told to delete. For those that aren't aware, that media never actually got deleted, just taken off of Twitch. Every old VOD and clip that has ever existed (yes that includes banned streamers) are still stored on a server that Twitch owns.

Now you may be wondering why this is an issue, and more importantly, why is this only an issue now? Well here's the thing: The server hosting this content is completely public.

Because this server is public, DMCA bots have found their way into it, and despite the streamers deleting everything like they were told, they are STILL getting DMCA takedowns because of this server's current state. This is of no fault of their own.

I am not suggesting we nuke every last second of content on the server. Twitch just needs to make the server not public so that streamers don't get struck down for content that they tried to delete.

Context and evidence for those that are not aware of the situation:

https://www.youtube.com/watch?v=NKJ2QUPffIg

Accounts from other streamers claiming this happened to them:

https://twitter.com/DevinNash/status/1324686842298470400

https://twitter.com/GassyMexican/status/1324481422762061826

https://twitter.com/Heelmike/status/1324168743434493952

If everyone who wanted to use recorded music paid a fee, like $10-$20 a month then there should be no issue with streaming copyrighted music. As a Dj i belong to "record pools" where we pay a fee every month to get music. Spotify charges you as well as apple and amazon music so what's the difference. I stream my dj sets for all my truck friends and the music is in the background while we watch videos. Im not making money and dont care to just using the chat and having fun, so for me id pay a respectable monthly fee to play whatever music i wanted

Recently a lot of streamers have been getting DMCA notices for streams that are 2-3 years old. 50 Cent - In Da Club has been flagged on many channels along with other music from RIAA. This is a problem because streamers are now scared of getting punished or banned off the platform for listening to the music they want to listen to. This is not good for the longevity of the platform if it wants to survive the entertainment industry.

To be brutally honest, Twitch is not good for the music industry at all. If a streamer has 10,000 viewers and is listening to a song it only counts for one single stream/play/view instead of 10,000 which is what the music industry wants. They want to be able to claim more streams and plays on their songs as that's how they make money.

Twitch is owned by Amazon, which also owns Amazon Music. Amazon needs to purchase rights to a larger range of music for their Music platform. Amazon is a TRILLION DOLLAR market cap company so I think they have more than enough funds to be able to purchase some streaming rights to more songs.

With a wider range of music to play on the Music app, Twitch could implement Amazon Music within a broadcast and can then count viewers towards streams for the Music played.

This will only work if the streamer is listening to the music through Amazon Music. If they are listening to a copyrighted song that's not on Amazon Music, then they should not broadcast unless they want the possibility of getting a DMCA notice. Amazon and Twitch can only enforce what is within their control.

Another solution would be for Twitch to implement and use other music platforms such as Spotify, Soundcloud, Apple Music and their streaming rights for music.

Another solution is to use audio fingerprint matchers like Shazam to identify what music is being played in the background. Then counting the streamers viewers as listeners to whatever song is being played.

Overall, Twitch needs to be able to match the music that's being played in a live stream and count the number of viewers/listeners the streamer has. If they cannot solve this streamers will not be able to broadcast while listening to their favorite music without getting a DMCA.

I do not believe anyone within the past few weeks should have any sort of strike or punishment on their channel for past music DMCA/copyright notices.

I recently had a GB Tetris stream get muted because the copyright bot's song IDing listed "Ikon Ringtones" as the owner of the song.

I can say with full confidence that "Ikon Ringtones" does NOT own Hirokazu Tanaka's 8-bit rendition of a Russian folk song. And that's been the problem for years - bad actors clowning around with copyright claims for video game music they don't own. Not only do establishments like "Ikon Ringtones" get away with it for using video game music as ringtone options, insignificant nobody DJs have also been known to do it when they sample music from a video game and then streamers get muted for nothing more than playing a video game.

It's high time Twitch allows us to appeal muted streams based on the supposed claimant clearly not owning the rights to the music, and puts more manual effort into identifying these bad actors and disqualifying them from further copyright claims without definitive proof that they are the owner of the copyrighted work.

I am extremely confused why "Sort & Delete Clips by date, game, or view count" is being pushed back to Q3/Q4 of 2021. That is an entire year from now and is unacceptable given the recent situation regarding clips being targeted for DMCA because of the system's failures to protect creators.

Twitch has prioritized VOD management over clips. Let me tell you something, as someone who has used the website for years and is a full time streamer that manages many other stream channels big and small: VOD management is NOT what people need more tools for at this time. Allow me to explain why.
VODs are already extremely easy to manage. They are deleted after 60 days regardless of action, and as such are never overwhelming to sort through because there will always be a finite number of VODs usually beneath or around the number of 60 if you were to stream every single day. You can delete them with ease as of right now.

Clips on the other hand quickly accumulate on an exponential scale as your stream grows in size. A small streamer may have hundreds of clips. A medium sized streamer may have tens of thousands of clips. A large streamer can have HUNDREDS of thousands of clips. We currently have NO tools to manage or sort through clips at this time. The search function for clips literally is broken in the dashboard and doesn't work correctly. You cannot even sort by date if you have over a certain threshold because the site itself fails to organize them all.
I have tried to search so many times for my "Bloodborne" clips with the manager, which was years back, and it just completely drops the search. I have to use third party tools to locate old clips because Twitch's system just plain doesn't work or allow for it. That is horrible. I cannot even go and look at clips I may want to pull up for entertainment's sake, or for the sake of wanting to delete something specific.
I also cannot stress how bad it is for the end user outside of the Dashboard, where it's actually impossible to find any specific clip because they can only sort by recently made clips. As I said, they have to use third party websites. That is unacceptable.

Literally no aspect of the clip system has any form of filtration, and this is a huge problem clearly. In fact, out of everything that happened this year, the clips system vulnerability has to be by far the biggest issue regarding DMCA. Not VODs. Clips. VODs are absolutely not what should be coming first.

You have given editors access for clip management finally, which took way too long I might add as myself and several large streamers have been requesting this for years. However, what good is that if editors are just as stuck as the streamer was beforehand? They have no tools. Do you expect people to be able to sit down and sort through hundreds of thousands of VODs with no means of sorting them by game, date, timestamp, created by, etc? It's a fool's errand. A single stream of someone with over 5000 views is potentially another 10000 clips.
And what if there are vulnerabilities within those clips? Good luck finding them!
You only have given us the option of a complete wipe, which as you must know by now, is wildly unpopular.

Batches of VODS to unpublish/delete should not take an entire quarter to make, but it's also not terribly important because VODs are EASY to manage as they are right now. Multi-track audio+ Twitch Studio shouldnt be a priority because it already functions in OBS and honestly if Live DMCAs happen that system is completely pointless. It also only treats the symptoms of the DMCA and not the root cause, but that's a whole another topic.

These priorities feel just plain negligent of the issue at hand.

A human being literally cannot manage clips if you've got any sort of following on Twitch. We NEED management tools. Today. Not tomorrow, not a month from now, and absolutely not an entire YEAR from now.

Push clips management tools up to Q4, or Q1 at best. Put it at the top of the list.

With that said, DMCA notifications + review + strike tracking also should not take until Q2. That should also be pushed to Q4/Q1.
These are tools we need now. They are extremely important and pushing them back that far makes it seem like Twitch has no idea what's going on with their creators and what they want or need.

The tools that are being put above the above mentioned that need priority are not even close in their urgency.
Granted, you have the things people want on the roadmap, and that is good, but the order of it is ridiculous. It needs complete restructuring.

tldr;
-Sort & Delete Clips by date, game, or view count (I would add "created by" and " timestamp range BTW because that would help a ton) should be Q4 2020 or Q1 2021. Not Q4 2021. Giving editors clip access does almost nothing if they have no tools.

-Multitrack does not need priority over the clip system. At all. Tell people to use OBS if they absolutely need it. There are way more important things to take care of.

-Vod management is currently easy and could easily be pushed back because Vods have linear finite growth (60 days) whereas clips are exponential and endless. No idea why this is being prioritized when it's barely a problem by comparison.

-DMCA tools+notifs need to be Q4 2020/Q1 2021. Not Q2 2021. It's ridiculous this wasn't already on the site already.

If this restructuring is for some reason unfeasible, I don't know what to say but hire better people or find more help.

Here's a bunch of ideas of mine that should work if taken into consideration.

As for when I was back on YouTube Gaming , YouTube would block the stream temporarily while copyrighted music is playing that didn't allow revenue ( adrev ) to be given to the holder - no strike is given unless it is video related like a movie/tv show.

Example of money going to copyright holder on YouTube ( doesn't get blocked from a vod ) - https://cdn.discordapp.com/attachments/474829729128513536/776142264358535188/unknown.png

Blocked music ( this would be completely blocked from the stream ) -
https://cdn.discordapp.com/attachments/474829729128513536/776142610455855146/unknown.png

When it might get blocked if you continue the song :
https://cdn.discordapp.com/attachments/474829729128513536/776143537594564638/Maybe_Blocked.png

When your stream does get blocked :
normally just shows like a little symbol saying. Hey this stream has been temporarily blocked due to copyright concerns, then after about 30 seconds the stream comes back after it finds out if the song holder can get ad revenue.

As for Facebook Gaming as of recently allowing multiple big companies licensing there is a little warning on the dashboard when you can't play curtain song but no strike is given. They teamed up with multiple big companies like Sony Warner and some bigger companies

More details on that : https://www.facebook.com/fbgaminghome/blog/making-music-and-streaming-easier

( not gonna lie if Facebook can do it Twitch can do it better )

I also personally feel a secondary Audio channel would help streamers as well , as long as it doesn't go into the actual VOD of the livestream sorta like how twitch soundtrack works. ( would be great especially on games that require the songs to play sorta like beat saber , just dance ext. - since that game has a lot of copyright ) - Two volume controllers since you never know how loud things will be.

Spotify Integration? Make it so your audience can connect their Twitch up to Spotify sorta like how Discord has theirs. ( maybe even build it into the app )

Any vods/clips before October 23rd 2020 ( since this is when normal DMCA takedowns started to happen ) this should be allowed to be removed without strikes since you guys said you would without any issues.

One of my friends recently got a strike from a clip from 3 years ago even though this tweet happened saying - First, we will begin the work to extend our use of Audible Magic to identify existing clips that may contain copyrighted music and delete them for you without penalty. Over the coming months, this will cover newly created clips as well.

OG Tweet : https://twitter.com/TwitchSupport/status/1270875683787624449?s=20

Hello! My question is, since Twitch have a Spotify integration/extension, why have it if we are going to get DMCA. We pay for the licence to stream music and pay the artists for their work buy buying a subscription. Why don't you work with labels and spotify to have it so if you like your spotify to twitch, any music played via the app is free from demonetisation and copyright free if we are showing that we have paid for said music to be streamed? Twitch soundtrack doesn't always work because sometimes streams need music on them in certain scenarios and people interact with this for highlights.

It strikes (pun not intended) me that there should be a way to provision a means to report plays/performances (and recordings via VODs) of third party music on stream for the purposes of avoiding DMCA strikes.

Streamers who are already in the music industry are highly likely to be affiliated with one or more reporting agencies in their regions, and most such agencies collect fees on behalf of overseas partners. In this day and age of service integration and automation, it seems logical that there should be a means to compile a post-stream report for an affiliated agency and submit it for monthly reporting and billing. And for non-affiliates, a simple payment gateway that tallies up the costs associated with a report should also be possible. Appropriate reporting/payments should then be able to exempt a given streamer from the scan-bots that are used by the relevant agencies and labels via a simple report that Twitch can pass on to a basic web service.

Many of these agencies are starting to implement stream licensing models for down-market (read: smaller, electronically streamed) content producers. If Twitch were to approach these agencies with a pitch that they could either contribute to the development of reporting features or stop harassing your customers, it's quite likely they might come to the table.

There are third party tools that could be used to assist with this kind of reporting, and could be recruited to share in the integration and development costs - such as Spotify/YouTube/SonglistBot, etc... which could all include a stream reporting mode which generates a list of content played on stream for submission. Reading the streamer's VOD setting would be a simple mechanism for whether to submit for performance/play rights reporting only, or for mechanical copyright reporting as well.

Please consider - the DMCA stuff is as much of a pain for you folks as the publishing platform provider as it is for streamers, and this is a mechanism that lets everyone be a winner.

Regards

Jemma (StoryGirl)

Currently, only the owner of the work or the agency on behalf of the rights holder can submit a DCMA claim on a stream or a VOD.

However, as a viewer of a few channels, it's clear that some streamers are actively streaming music and video from services like YouTube and Spotify on a regular basis. Attempting to report these streamers links to pages with information with how to report, but "only if it's my work that's being infringed"

One such user was so blasé about their infringement that they openly claimed on stream that "it doesn't matter about DMCA because Twitch will just mute that portion of the VOD". Of course, no DMCA strikes have been issued on that channel (well, none they have publicly mentioned, and because of the fact that they still regularly stream copyrighted material)

I propose a website and rule change such that any channel viewer can flag a stream or VOD for review where the streamer is using copyrighted material.

Granted, this can be abused and so perhaps, if there are too many claims from a single user where the claim was reported falsely, then some penalty can be issued to the reporting user but only in false claims. Reporting users should have the ability to comment or appeal claims they have made with supporting evidence, for example, the ability to point to a timestamp where it's blatantly obvious that copyright infringement is occurring.