DMCA Strikes could be avoided if plagiarism was better explained to streamers.

According to Stephanie Morrow, in her article "Plagiarism: What is it, Exactly?": Plagiarism is a confusing subject, and can often occur without the artist knowing it until it is too late.

If you use another person's work and do not attribute that work to the author, including copying text verbatim, paraphrasing a phrase or summarizing an idea, [or playing a song in the background of your stream], you are essentially committing plagiarism. Plagiarism usually occurs when a writer fails to:

• cite quotes or ideas written by another author;


• enclose the direct text in quotes; or


• put summaries and/or paraphrases in his or her own words.

In the case of streaming, by playing another artist's song in the background, the streamer is making money off of someone else's work. By citing the source in the video subscription and/or telling their audience the name of the song, who sang it, and where they can find it will decrease the likelihood of them receiving a DMCA takedown order. And, if they do get a DMCA strike, they'll have a way to fight it.

Why would someone buy the song(s) when they can watch the streamer play it for free?

It all comes down to money; if the original artist is making money too, they'll be happy.

Bonjour MICKAEL66FR,

Le titulaire des droits d'auteur a revendiqué du contenu utilisé dans votre vidéo à l'aide de Content ID.

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Titre de la vidéo : [FR] - (IE) - Alpha 3.12.0 - LIVE - 22/12/2950 - cargos - colis - minage !
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L'équipe YouTube
et ca depuis 3 jours la même musique qui pose problème !

DMCA is in the long and short run a USA policy that does not cover or attempt to handle a International Audiance. As Twitch needs to change to WIPO (World Intellectual Property Orginization) standards like YouTube, Netflix and other companies. Mind you the WIPO does respect the DMCA but unlike that policy was founded and created with a international audience in mind. Numerous counties, and the US is inculded, do recognize the WIPO as being fully legal and binding for international copyright issues.

A good example of this is Viacom vs YouTube. Viacom used DMCA against YouTube in a lawsuit over showing it's music and content on there streaming service. However this backfired as YouTube due to having international users, was in fact respecting the DMCA as per WIPO guidelines. So the courts ruled in favor of YouTube. This was a court case held in 2007, then challenged with increasing evidence against YouTube in 2010 and 2012. The results always being the same, in YouTubes favor.

As such I believe that it might be time for Twitch to do the same as those other services and recognize that it has a users from more then the USA. Mind you this is just my thoughts but I think it is likely time and a idea on how to improve the whole DMCA policy in a way that will help Twitch grow and support our streamers that are bothred by the approach of it's use at the same time.

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.

Will DMCA affect "Existing Twitch Categories" That are related to "Music-Related Games"?

These games listed below are already "Existing Twitch Categories":

Rock Band
Guitar Hero
Rocksmith
Beat Saber

All the Categories that were just listed have multiple Sub-Genre Categories. These Categories are amazing to browse and it's pleasing to be both able to Play, Watch and Listen to these categories for music that you enjoy.

With DMCA Involvement. What is going to happen to these Categories? I don't play these games myself. But at the same time. A wide variety of Creators who I Mod for in chat or just a member of the community do play these games.

With the whole music scene. I understand the idea of getting "New Artists" recognized for their fantastic works of art. I personally promote some artists on my Twitch Channel and I play their music all the time as It's not Copyrighted Music. They are influenced heavily by Musicians/Artists from a variety of Music Genres of Rock N Roll/Metal from the 70's/80's/90's.

Personally as someone while writing this message is listening to Band's like Poison/Def Leppard/Motley Crue/Lynyrd Skynyrd/The Outfield/Metallica/Megadeth/Judas Priest/Iron Maiden/etc... These are all Bands/Artists that make me thrive personally while I'm looking for Inspiration while I'm doing art/content design and I can get inspired to design a work of art on stream myself. Where as I cannot play/sing the music Live on my stream.

The Band's/Artists I listed are also found within the "Existing Twitch Categories" I listed at the beginning.

Now you look at "Other Existing Twitch Categories" and look at the "Game Soundtracks".

Look at the Developers from EA. Take a good look at the games produced for EA Sports Madden/NHL/FIFA/NASCAR. Look back the the Nostalgia from the 90's/Early 2000's. All This Music on the Soundtracks would in today's world technically be Copyrighted. Correct?

Just by Google Search "EA Sports Soundtracks". I have found this massive list of EA Sports Games and all the Soundtracks tied to them. Have a look for yourself:

https://vgost.fandom.com/wiki/Category:EA_Sports

I clicked on Madden NFL 08. The Soundtrack shows us:

https://vgost.fandom.com/wiki/MaddenNFL08

The Bands/Artists/Musicians who stand out to me from my Personal Tastes in Music are:

HELLYEAH
OZZY
Pitbull
Queens Of The Stone Age
Sum 41
The Hives

These are just a few of many artists I've started listening to. These artists are in multiple games like the Instrumental/Rhythm-Based Games I listed at the start.

You're essentially telling the entire Twitch Creator Population:

"We're very sorry. But due to the following Category you were using at the time. You had Copywritten Music that was within the Content from a Developer's End. Due to this music being played on your content. This falls under the laws of DMCA."

This alone will "KILL TWITCH" when Creators find out that "All Categories" contain Copywritten Music/Content.

For someone like myself who enjoys playing the occasional Madden NFL Football Categories. I turn off the In-Game Music because I already have a playlist that doesn't contain any Copywritten Music.

Also for a Fun Fact. Did you know that EA Sports Soundtracks are actually Playlists that are created by the Athlete on the Cover of the game?

Lamar Jackson - Baltimore Ravens QB on the front of Madden 21. Lamar Jackson picked out every single song as those are some of his favourites and gave the list to EA and had EA Implement them into the Madden NFL 21 Soundtrack.

This is showing Diversity in the Music Industry. Athletes/Content Creators are using music that is Streamlined and most likely under the laws of DMCA because it's "MOTIVATIONAL" & "INSPIRATIONAL".

Here's how I personally feel about the DMCA. Remember back in the 80's when Hair Metal/Rock N Roll Music was in it's prime and then there was the group who was better known as the "PMRC" and they were filing a ruling claiming that the music wasn't safe for their children. Then Twisted Sister Frontman - Dee Snider and other Artists like Frank Zappa stepped in to argue the music, and they put there foot down and stood up for all the Musicians?

The 2020 DMCA Strike Announcement with Twitch and the reaction by all the Creators including myself is a Modern Representation of that PMRC Movement against Music back in the 80's and instead of Deeming the Music as "Unsafe For Kids and the *** Drugs And Rock N Roll" stereotypes. Now it's all about Money "You're using Copywritten Content on your Channel/Content. And we're not getting any % of your earnings that you're making on the content you are putting out."

So let that PMRC vs 80's Music compression to Twitch DMCA Strikes vs 2020 Content Creators sink in for a quick moment...

It's the exact same situation from the 80's, but instead of deeming the music isn't safe for the audience using it. It's all about the money and the creators are scared because they've been stuck in Lockdown due to the 2020 COVID-19 Pandemic with what better thing to do that start becoming a Content Creator. Before you know it, you've just hit Twitch Affiliate/Partner and all of that hard work and dedication as a Content Creator has been struck down as a DMCA Strike has made you from totally ignoring all surrounding of the 2020 Pandemic and finding your own path to be in a happy mood while still in Lockdown/Isolation. All of a sudden, now that big happy fan has been flipped to a sad face and now your in an emotional state of mind for something that you were never understanding in the 1st place and now something you've created years ago that was buried has risen from the grave and gotten you banned.

This need to be fixed and looked over

We really need to come up with something that allows streamers to play any kind of music they want and watchers to post song requests without having content deleted or the creators having to deal with strikes/bans/etc, because it was half, if not a big chunk, of the fun of twitch. I loved being able to share my favorite music with the streamers I like to watch, but now I can't do that because of this DMCA nonsense. Part of the fun with video games is inserting your own background music, and that should be able to be shared with others without having to worried about deleting videos, getting demonetized, or worse...getting sued or any similar legal action. At the end of the day, I just want Twitch to be a place of free expression & choice, and with the way things are right now, it's just not the case...and that needs to change.