Twitch Streamers Could Receive DMCA Claims During Live Broadcasts, Says Expert Attorney
Twitch’s director of creator development, djWHEAT, hosted an educational stream today discussing the implications of the Digital Millennium Copyright Act (DMCA) for streamers. During the stream, attorney Noah Downs, a guest expert, revealed that some content creators may start receiving DMCA claims while broadcasting live.
Advice from a Legal Expert
Noah Downs, who works for Morrison Rothman LLP and has extensive knowledge of the DMCA’s relationship with streaming platforms, advised content creators in light of the recent surge in DMCA claims. He emphasized the importance of not using copyrighted content without permission and urged streamers to proactively remove clips and VODs to comply with the law.
Possible Lawsuits and Live Mid-Stream Takedowns
Downs also warned that streamers who fail to comply with copyright laws not only risk losing their channels but also face potential lawsuits. He revealed that a company with investment ties to Universal Music Group and Warner is actively monitoring Twitch streams and has the ability to issue DMCA claims in real-time. This level of enforcement, according to Downs, is unprecedented, as streamers can be taken down live for playing copyrighted music.
Risks of Submitting Counter-Notifications
While some streamers have considered submitting counter-notifications under the fair use premise, Downs advised caution. If it is discovered that the counter-notice does not genuinely fall under fair use, streamers may face legal consequences. By putting the disputed content back up, streamers could inadvertently invite a lawsuit from rights holders.
A Lawyer’s Insights and Frustrations
djWHEAT invited Noah Downs onto his stream to provide expert insights for almost an hour. Prior to Downs’ appearance, djWHEAT delivered an informative session on the history and impact of the DMCA. He expressed frustration at how an outdated law regulates modern platforms like Twitch, YouTube, Twitter, and Facebook. Despite his concerns, djWHEAT focused on educating and informing streamers rather than voicing disapproval.
As an example of the potential consequences of copyright issues, djWHEAT shared his personal experience of losing monetization on his YouTube channel, which had previously been a significant source of income.
The Importance of Responsibility and Reform
djWHEAT acknowledged that the recent wave of DMCA claims has caused turmoil among streamers, particularly those who have gained massive viewership due to the COVID-19 pandemic. While streamers search for solutions and may even consult lawyers, Downs emphasized that blaming Twitch is misplaced. He highlighted the responsibility of broadcasters to ensure they have the necessary rights to stream copyrighted material and commended Twitch for performing its duties as a streaming platform.