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.

I feel like this should have been a given from the start, but apparently not.

WHEN YOU SEND OUT THE INFRINGEMENT NOTIFICATIONS TWITCH, PROVIDE MORE DETAILS ABOUT THE INFRINGEMENT.

Don't just give us "information about the allegedly infringed work, who the claimant is, how the claimant can be contacted, and possible penalties under our repeat infringer policy", give us NOT ONLY names and links to affected clips and VODs, but also TIMESTAMPS FOR EACH INFRINGEMENT.

This information would provide users with a better ability to not only find the content that was allegedly infringed upon, but would allow users to dispute incorrect claims more efficiently because we all know that robots, while correct some portion of the time, are not perfect, and people will take advantage of any inconsistencies they can find within the system to create false claims for streamers they may not like.

I have a problem with the above mentioned article in Creator Camp.

It offers the suggestion to delete all clips if you aren't able to find a clip that might.... MIGHT be infringing on copyright.

Let's say that I am someone who has been streaming on Twitch for a number of years and that my community (to the best of their knowledge) has not been deliberately clipping moments from my stream that infringe copyright.

Suddenly, I get a warning that some piece of my content has infringed copyright and that the offending item has been deleted. I don't get any information about which item was deleted, nor which copyright was infringed.

So, as the article in Creator Camp says, to be 100% safe from getting a copyright strike, I must either review every individual clip, upload, highlight or VOD on my channel for content which might infringe copyright.

Or, I have to delete all clips, uploads, highlights and VODs. I'll call this 'the nuclear option' because that's what it is - I lose all of my content, and I'm still not sure if any of that content was infringing.

First of all, it's really bad that we as creators need to have 'the nuclear option' in the first place. If there was some kind of log which indicated which item was deleted after a scan by a bot and the copyright that the item was infringing, then we would at least have some idea of what to listen for.

Secondly, the only other recourse creators have is to download their clips and then delete. This is also bad. If my average clip is 30 seconds long and takes up 8130KB, and I have 57 clips, that's a cool 463MB to download right there. That's not too bad, right? I can fit that on a flash drive and have lot of room left over. Oh, but what if instead I had 8000 clips instead? That's a reasonable number for a productive creator, right? And that's only 65GB to download. That's not bigger than a lot of GAME INSTALLS, right?

So you see, creators on Twitch have two really bad options for managing their content to make sure it's free of infringing content. The second of which, while preserving memories from years of streaming, also eats a lot of disk space and temporarily uses up bandwidth and server CPUs that Twitch could be using for better things.

While the article accurately presents the options currently available to Twitch creators, these should not be the only options available and there are several concert halls worth of room for improvement on Twitch's part. The article should be changed to reflect this fact.