Assign a DMCA expert to review EULAs for games streamed on Twitch
With the vast diversity of streamers ranging from young to old, professional to casual, Twitch needs to assign an expert to review the various EULAs for the games streaming on Twitch. This would provide more efficient, consistent, and helpful EULA interpretation, and it would enable mechanisms for Twitch and game companies to resolve problems with EULAs and potential DMCA issues quickly and efficiently.
Twitch should have one point person (or small team) review legal documents such as EULAs and identify key points relevant to streamers. They should then communicate those points to streamers and build additional relevant safeguards into Twitch (such as having a pop-up warning to streamers identifying potential DMCA problems when streaming a particular game, or building in other safeguards).
In addition, when the Twitch DMCA expert identifies problematic language in particular EULAs, Twitch can then reach out to these companies to try to resolve problems behind the scenes rather than expecting or relying on individual streamers to take that responsibility.
Context: In the DMCA email today from Twitch, "Music-Related Copyright Claims and Twitch" (2020-11-11), Twitch suggested the following:
"[W]e recommend you review their End User License Agreements (that wall of text at the beginning of a game) to see how the terms cover streaming with that music. One way to do this is to search for a game’s official EULA online and then do a ctrl+f (Command+f on Mac) search for words like “stream,” “licensed,” and “music” to point you toward the correct sections. If you’re unsure about the rights, some games allow you to turn off music when streaming, or you can mute the game audio yourself. If neither of those apply, consider turning off VODs and Clips."
To ask each end user to review the "wall of text" and expect consistent and accurate interpretations from all streamers seems a bit ridiculous.
Twitch: Stand up for your content creators. Use the power of your corporation to do the right thing; don't rely on individual streamers to get it right.