When appealing muted music on a VOD, add an option for "Claimant Is Not Actually the Copyright Holder"
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.
Just came to post, this is irritating. Streaming a lot of Super Metroid and now every video has the intro music section muted. This is due to a rapper sampling the original game in 'The Cannon of Samus (featuring Kenyattah Black) - Vast Aire'. This mutes everyone's introduction to their steam when playing the original game. This has been happening for over a year.
As a previous employee in the mass suing industry, fraud by the claimant is frighteningly prevalent in the industry as a whole, not just with copyright violations. I worked with credit card companies, and once we filed cases in the courts, it became the burden of the accused to prove innocence rather than the other way around. The courts that receive a high number of claims generally care more about things running smoothly than about whether or not claims are valid. If the paperwork is there, they will be accepted, regardless of whether there are errors or not. This is how the world of mass suing is.
The short answer is that Twitch can and should file claims against fraudulent charges in relevant cases. Realistically, however, given how Twitch has responded thus far- hurrying to cover its own butt at the cost of streamers- it doesn't seem like they would care enough about individual streamers to actually do this for two reasons: First, in the statement Twitch sent out today, there is no mention of what to do if the charges are fraudulent or even reference to the possibility of fraudulent charges, only that streamers should learn more about copyright law if they have been affected. Second, muting or deleting all affected channels is much easier and cheaper than responding to individual cases where copyright claims are fraudulent.
For a very old tune, like an old folk melody, a tune by Bach or Mozart for example, that tune no longer is copyrighted. But if you were to make a recording of that tune, you own the mechanical copyright of that recording. There two types of music copyright, publishing and mechanical. Mechanical is the actual recording, publishing is the writing of the content, the way it goes.
When someone does a cover of a modern song they need the publishing permission to record it, and the only thing they would get paid for is the mechanical copyright of the recording.
Gee, if only they were already compensated for the deal they signed when they let the game use music.. oh wait......
Yes! There are lots of claims by copyright trolls who don't actually own the copyright and there is currently no way to address this.
How the **** has this not been an option yet?
For the same reason, your system fails to work for either traditional or copyright-expired compositions. Someone may still own the copyright in a specific recording of a traditional folk tune, but that does NOT mean they own any rights over my, different, performance of that same tune. I have had a highlight muted because of this exact situation; a muted highlight from a live music stream is no use to anyone! And there is no adequate way of contesting the action on these grounds. Copyright in compositions and recordings is separate; get someone who knows the basics of the law to overhaul your systems for dealing with music copyright because they're laughably inadequate at present.