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.

Under German law (§8 UrhG), and certainly under the equivalent copyright laws of various other countries, anyone who participates in the creation of a work is entitled to co-authorship.
Theoretically, users who write in the Chat which is inserted in the stream footage can claim co-authorship of the stream.
Yes, in this case one can argue that as with a call on live television, it must be expected that one's own contribution (like the voice on television), will be broadcast live.
BUT: That streamers offer a VoD on Twitch is OPTIONAL. Also, that streamers record the stream and upload to YOutube, is not a given.
Thus, for the live stream it can be argued that common sense dictates that the participation is expected to be commercially used - but not for VoDs. This would mean that all commentators would be entitled to co-authorship as long as their comments are shown in the stream. And thus also a share in the revenues that streamers generate with them.

Likewise, it is a problem when, for example, authors write their books live on stream, incorporating ideas and suggestions from their chat (same goes to other artists implementing ideas prompted to them via chat). According to german, but certainly other countries' laws as well, the originators of the ideas also have the copyright and such after implementation of those ideas a co-authorship on the resulting work.

So my request is:

With a simple extension of your TOS, like

"By agreeing to the TOS, users unrevocably allow Creators, whose streams they comment on via the chat function, to commercially use the content of said chat posts royalty-free",

you would create legal security for your Creators.

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.

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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

Do I need to explain this? Do I EVEN need to explain this?

If Twitch Partners are going to abuse DMCA, then there should be some SERIOUS punishment for it. Revoke their Partnerships for anyone who blatantly abuses it and, should the case be a severe one, disallow them from re-achieving Partnership status for a length of time or even permanently (with Affiliation being either harder to attain or also permanently disallowed; again, depends on the severity of the case).

Hold the people at the top accountable. Do not let them abuse the system because it hurts people on the bottom trying to get further. Do something about it.