In your email you state

"For your stream archives (VODs and Clips), right now your only options, if you think they contain unauthorized music, is to either go through them one by one, or, for Clips, use the “delete all” tool we’ve provided."

This is utter ********.

When a streamer is alleged to have violated anything, that allegation should clearly refer to the video that violates, along with timestamps of the time ranges that violate.

Then, the infringing content can be taken down if it is deemed to violate DMCA.

You cannot expect that a streamer should pre-emptively go one by one through to "verify" themselves that all of their content does not infringe.

You cannot possibly be processing any DMCA claim that does not clearly reference the actual video and time ranges that violate.

Please clarify that to the streamer community that every DMCA takedown notice will clearly come with the target video in question and the time ranges.

If your guideline is that streamers should have the responsibility doubt themselves and their old recorded content beforehand to "save their *****" from a future ban. And they should pre-emptively delete content to avoid getting banned, you are harming the platform.

I have seen a number of streamers worrying about their content, since they cannot clearly know what infringes, and they do not clearly know if they can be held liable to a ban.

So please clarify how you are processing DMCA takedown notices, clarify the information that such violation allegations come with, and how the process relates to videos being taken down, or streamers being banned.

Thanks!

The blanket license has long been recognized as the most efficient and convenient way of clearing copyrights in the United States. It would be time consuming and expensive for you to locate, contact and negotiate with all copyright holders prior to the performance of each song you plan to play.

The U.S. Supreme Court summarized the virtues of the blanket license in CBS v. Broadcast Music, Inc., 441 U.S. 1 (1979) as follows:

"... the blanket license developed ... out of the practical situation in the marketplace: thousands of users, thousands of copyright owners and millions of compositions. Most users want unplanned, rapid and indemnified access to any and all of the repertory of compositions and the owners want a reliable method of collecting for the use of their copyrights...

"A middleman with a blanket license was an obvious necessity if the thousands of individual negotiations, a virtual impossibility were to be avoided. Also, ...(individual licenses would pose) a difficult and expensive reporting problem for the user and policing task for the copyright owner. Historically, the market for public performance rights organized itself largely around the single-fee blanket license, which gave unlimited access to the repertory and reliable protection against infringement." Id. at 20-22.

The whole problem with public performance rights comes from the fact that you're a venue and aren't paying PROs. At the same time, I feel like you're really hurting musicians much more than game-streamers. Please pay PROs like you're required to do. This does not affect VODs or Clips, because that is sync licensing. However, for DJs and other performers, you are very much breaking the law by not having a license with one (or multiple) of the PROs. No wonder the PROs and labels are coming after you, if you won't pay your dues. In the same manner, it isn't our job to get a license with the PROs, it's the venue's job. So why are we being punished? That's my real question. Please follow the law, Twitch, please follow the law.

This makes 0 sense. You have no problem banning people for inappropriate content or things you disagree with, yet when DMCA comes down on you, it's up to us as content creators to protect ourselves?

You don't get to regulate a platform, and then things get tough, decide you don't want the responsibility anymore. Either ban content AND protect creators yourselves from the DMCA strikes, or do neither. Doing both shows you're just a bunch of greedy pieces of crap who really don't care about your creators. I know your a company and your main thing is to make money - I'm not going to pretend that's not the case. But at least don't pretend like you guys actually give a crap.

You don't even have clear rules about what is and is not bannable AND you let people DMCA content that's not theirs. You suck at both.

I got a muted section of video recently due to music Fallout 76 creates all by itself, legally in game. How can I defend against that! If I stream my favorite game and someone has the in game radio on, Twitch algorithms will think its DMCA strike time and if this happens one or two more times I will lose my account. Again all for in game music! I am terrified of losing my beloved twitch account, I have come to truly love it here. I am a cyber refugee of the Great Mixer Debacle and don't always know what to do to stay in the rules on this platform! Again I love this place, I fear accidently cucking myself off via ingame music. Unban LadyDevann

It seems that the motivation behind the RIAA et al. sending these notices is that they think people are going to watch these streams to listen to music, instead of buying it or listening to it on existing music streaming services. Which is obviously silly, but it made me think that linking back to the official license holder's store or a way to purchase/listen to their music as it comes up in a stream may pacify them. So people who take this option when streaming would be allowed to play music as long as links came automatically in chat, and users that liked a track would immediately be able to find out more about it and other similar tracks, and go to the places RIAA et al. want them to be to listen to it.

Do not know if this has already been suggested, since there is not a search function for this, but having the ability to hide/private your clips, vods, and highlights both created by you and your viewers, especially for DMCA material. This would then allow streamers to review their material at their own pace without worrying about publicly viewed clips or vods. They could then decided to delete, export, or re-release their vods and clips to the public.

Haven't checked recently but I do not believe there is a mass export of clips either. This seems like an essential feature to quickly review your clips.