Music Is Big On Twitch. Now Record Labels Want It To Pay Up

Music is all over Twitch, as artists and DJs are using the platform in far greater numbers during the ongoing pandemic. In a tweet, Graham described the DMCA as "outdated," saying that it was created long before Twitch, YouTube and TikTok existed. Instagram Live and YouTube have licensing agreements in place with record labels, and compensate the artists whose music is on their platforms artists. Twitch, however, has no such arrangement in place. Jeremy Forrester, head of creator products at Twitch, tweeted that they were still working on tools for helping users delete infringing clips while leaving the rest of their archive intact. On Twitch, users can record highlights from livestreams they watch which are then saved to the streamers' channels. Several Twitch streamers told CNN Business they won't delete their video clips, even those with copyrighted music, and will wait for Twitch to take action against them. The bottom line for record labels, according to the source, is that Twitch is an emerging music platform, with plenty of opportunities to integrate copyrighted music, if only Twitch would cooperate. Twitch has fallen under scrutiny by record labels represented by the RIAA, which holds copyrights to millions of songs.

For more than two decades, the RIAA and the International Federation of the Phonographic Industry - which represent labels that include Universal, Warner Music Group, and Sony among others - have used the Digital Millennium Copyright Act to enforce their rights to their copyrighted music. With live performances canceled, many have turned to making beats on livestreams. Since he received a takedown notice on Twitch in June, he has branched out and begun making videos on YouTube. He's also paying the electronic dance music label Monstercat a subscription fee to use music from its artists on his Twitch and YouTube videos. Edwards, who added that she thought full videos of past broadcasts would be an issue, but not video clips, which are shorter. On June 8, Twitch tweeted about a "sudden influx of DMCA takedown requests for clips with background music from 2017-19. If you're unsure about rights to audio in past streams, we advise removing those clips," the tweet said. 📢 This week, we've had a sudden influx of DMCA takedown requests for clips with background music from 2017-19. If you're unsure about rights to audio in past streams, we advise removing those clips. Caffeine and other emerging livestreaming platforms are subject to the same DMCA rules.

The situation could transform how Twitch handles music and what platforms are left as the Wild West for streamers continue to play copyrighted music on without repercussions, for now. Some streamers play games like "Beat Saber" and "Just Dance," where gameplay involves moving to music. Still others play some music to ease audiences into a stream or end an hours-long show. Is it illegal to stream music on Twitch? Asmongold said he believed people don't tune into a Twitch stream just to listen to music, despite what record labels might argue. The industry group uses an automated process to scan Twitch for video clips that contain infringing music, but the possibly offending clips are reviewed by people who check to see if the music is copyrighted before sending a takedown notice, Glazier added. But the RIAA said it looks to see if a clip could be fair use before sending out its notices. The notices put individual users' accounts at risk, but don't come with financial penalty. Users can also challenge Twitch's takedown decisions. Content creators can argue that based on how little music is being used and the context of the stream, some music streaming should be considered fair use and therefore not illegal.

Video game attorney Ryan Morrison, CEO of talent agency Evolved, which represents pro esports players and Twitch content creators, said his clients began contacting him in droves in early June when they began receiving DMCA notices. Copyright owners can send a takedown notice against any online service provider if their content is used without permission. In the first notice, users are warned that "if this is your third copyright strike, your account is now terminated." Users can appeal the decision. Twitch terminates the accounts of repeat offenders and "at its sole discretion" can limit access to its service or terminate an account regardless of repeat infringement, it states on its DMCA guidelines. In Missouri, Macaiyla Edwards, 21, a variety streamer known for dating prominent "League of Legends" streamer Tyler1, told CNN Business she received a DMCA notice on June 5 at nearly midnight. She received a DMCA notice on June 3 for playing Ariana Grande's mega-hit "7 Rings" in her stream, which was clipped by a fan. In June, the RIAA sent out 1,817 copyright notices to Twitch users. Nobody says "'You know what, I was going to buy the album, but I'm going to listen to this Twitch stream instead.' That's not a decision that users make," he said.