On the streaming platform Twitch, streamers have recently lived in constant fear of sudden account bans due to the use of copyrighted music. This danger now seems to be averted. Twitch has struck a new deal with the music industry (National Music Publishers’ Association). Little changes, but the risk of bans decreases.
This is the problem with copyrighted music on Twitch:
- For years, Twitch was a kind of “wild west” when it came to copyright. Streamers had copyrighted music playing in the background or it was simply part of the soundtrack while gaming. Although it was technically against the rules, it didn’t really concern anyone.
- During the Corona pandemic, the music industry began to send massive copyright complaints (DMCA strikes) to Twitch. Since revenues from concerts dropped, new revenue sources had to be found to ensure the artists’ livelihoods, it was said. Therefore, Twitch was forced to delete old videos from streamers that contained music.
- Twitch also had to threaten streamers with bans and the deletion of their channels – that was mandated by law. The warnings and threats caused a lot of uproar. Streamers like German streamer MontanaBlack deleted their huge libraries of videos and clips.
- Now Twitch has reached a deal with the music industry: Everything stays the same, but the risk of bans decreases.
Twitch says they are now “more flexible and lenient” towards streamers
What does the deal say? According to US sources, Twitch streamers learned of the new rules in an email on September 21. Twitch proudly announces that they have reached a deal with the “National Music Publishers’ Association”. The organization represents music publishers in the USA.
Overall, nothing changes for the streamers. It remains prohibited to play music for which the streamer does not hold a license.
But: If streamers violate these rules, they will now receive a warning instead of a “DMCA strike”.
Twitch says the new process is “more flexible and lenient” towards creators who unintentionally use copyrighted music in their streams.
Now users will initially receive a warning instead of an immediate strike:
- After the warning, the videos would be deleted.
- If there is a clear violation of copyright during a live stream, further warnings and penalties may be issued.
- If someone is known for using copyrighted music, Twitch reserves the right to impose further penalties.
It is clearly stated:
“The new process does not change how music can be used on Twitch. It is never okay to use music on your channel unless you have secured the rights to it.”
This is how it is discussed: The new rule is seen in a discussion on reddit as “reasonable, but halfhearted” (via reddit).
Ideally, Twitch users would have wished for Twitch to strike a “license deal” like Facebook, which would allow streamers to generally stream copyrighted music. Because in the logic of Twitch streamers, playing music has more of a “promotional” effect: viewers would discover and purchase new music.
For the music industry, it is important to participate in the growing revenues of Twitch.
The new deal is now a compromise that at least reduces the constant risk of bans, but does not really change the situation.
New games already have a “streamer mode”: it simply disables copyrighted music that is in the soundtrack.
In the past, the conflict has repeatedly flared up:
Twitch deletes thousands of clips, warns hundreds of streamers – they are upset and confused
