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.
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mitornimo
commented
I Agree with this. I've been using royalty-free music from 2019 for over 3 years now. On Jan 1st of this year (2022) a person uploaded a remix of the music. And now I'm getting muted audio as it's saying this person who uploaded the song with royalty-free music is the owner of it. really annoying I cannot appeal using the evidence I have
to add I use bensounds better days found here : https://www.youtube.com/watch?v=eB9rRKHi42w :
which was uploaded in 2019...
but I'm getting muted audio for Better Day Sh Sadequs Haque ft. Trey Fowler
which was uploaded THIS YEAR in 2022...
this is a serious issue
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SugaNee
commented
Every single VOD and Highlight that contains the song I use for starting/brb/ending is muted by "Crookst" I've googled them and looked them up on Twitch they seem to be a Minecraft streamer, so I don't understand why they're claiming music that is not theirs or what they get out of it. For clarification, the song I use is a scraped song made by Corpse, I had it before he even released it because he leaked it and he's specifically stated he doesn't care if anyone uses his stuff, he thinks it's dumb to stop people from hearing your music that's why he hasn't signed with a label. Every. Single. VOD. is muted by this "Crookst" tho and I don't understand. I appeal every time, and it gets unmuted so Twitch KNOWS that it's not correct, yet they continue to mute me for it just so I can appeal. It would be so much less work for them just to remove the fakers. It would save both of us trouble
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L33Tech
commented
This keeps happening.
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RockyVegaTV
commented
WOW! I didn't realize this was a thing! Uh, Twitch? Hello?
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Drone1ofall
commented
This is definitely a problem. In more and more Streams and VODs I get muted while using the famous and major copyright free song "Danger Snow" from "Dan Henig" and it gets claimed by "Soch - Kapil". That DJ / Rapper took that free NCM song and laid a rap over it and now VODs get wrongfully muted and claimed because he tries to license NCM Music with his mixes!
That's a general problem! This should not be possible. We as Streamers try to use NCM Tracks to avoid Claims and Strikes and now they get claimed because someone tries to make money of it because everybody uses these NCM.So: How can it be that major NCM Tracks get claimed by fake Copyright Holders? (or: twitch needs to distinguish ncm free track parts)
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ARHDian
commented
I definitely got this many times, and it took me a ton of time to mail twitch and finally get a non-generated response, but nothing actually came of it.
I spend a great deal of time finding music that is completely free to use in stream, yet I get flagged because someone is trying to abuse the material those creators so graciously allow us to use.
It's infuriating to me that there isn't at least a flagging system for misuse. I understand that there might not always be a legal basis for DMCA related action, but if a lot of people falg something, you could at least look at it and kick people out that are trying to take advantage of people like this. -
TehSuigi
commented
Yep, I got hit with this. Daniyyel Valenzuela and I both used a portion of the same royalty-free track available on YouTube, but since he's a recording artist, he gets to claim it's part of his song.
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MurdoMaclachlan
commented
This needs to be an option. I've streamed with public domain recordings of classical music (as provided by the Musopen 501(c)(3) charity) and the VOD has been muted because it thinks it's a different recording.
Seeing as these recordings are in the public domain, I should be able to stream with them, but I can't, as my VODs get muted because the AI detects the wrong copyright holder and there is no option to appeal this.
Additionally, I've noticed that if you try to contact support about DMCA, as soon as you choose the DMCA sub-category, it redirects you to an FAQ page (which doesn't provide any help) meaning you can never submit the support request!
So there really is no way to tell Twitch that the claimant isn't the copyright holder, and you are blocked from using Public Domain recordings of classical music if you want your VODs to have audio.
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Calophi
commented
I got muted for playing "Evil Mario" by Madmal while playing Super Mario World. They clearly sampled regular Mario music. It's ridiculous.
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samSing4food
commented
I sing opera on twitch (with live or record piano accompaniment to which I hold the rights), and my VODs have been muted for arias by Mozart and Gounod (all in the public domain obviously) because the twitch algorithm matched them with recordings of living sopranos with orchestras (responsibility of their record label). I have appealed and emailed twitch support, have yet to get an actual human response. Thank you for this idea! I hope it helps!
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Cloud_Hopper_TV
commented
Have had this happen with multiple songs on multiple steams all from highly reputable artists, then some clown posts the copyright free music as their own on youtube and my Twitch streams get muted, absolutely ridiculous that there is no proper way to appeal it with the limited options. Just about ready to move to a different streaming platform entriely, ***** these clown enablers.
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nakiekitsunepuppy
commented
The same thing has happened to my channel the last couple of days (and in previous months before) resulting from an artist named Nuematsu who does remixes of Nobuo Uematsu music from various Final Fantasy games, who can be found easily on the internet, and it is obvious that the artist is a remixer.
Of course I appealed the claims because it is very clearly fair use to play the original video game music when playing the game, but I find it very annoying that Twitch allows false claims, and has allowed this to occur for a long time, so this will be a recurring problem.
Twitch, this is a VERY serious matter. If you don't fix this, then I will very likely seek out another streaming platform, one who understands that the DMCA should not be abused.
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cakeisamadeupdrug
commented
I think the reason Twitch doesn't do this is because it would be an acknowledgement of fraud, which would warrent a legal response via the courts.
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VixRyder
commented
Found this post after looking around to see why a portion of my VOD containing the Mario World Castle music was muted. Apparently Madmal sampled the entire song with no changes from the original and it got flagged. It doesn't seem that I can even appeal it because technically it's in game audio that got flagged. I know this is probably going to go nowhere based on twitch's responses to this whole situation but it's something that's still happening into 2021.
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prankard
commented
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.
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OddtomSR
commented
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.
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Safetytrousers
commented
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. -
TankandSpank
commented
Gee, if only they were already compensated for the deal they signed when they let the game use music.. oh wait......
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SpiritMuse
commented
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.
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cptdumplin
commented
How the **** has this not been an option yet?