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Music copyright issue. Are streamers immune to it? - Page 7

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noD 2230 Posts February 13 2012 13:20 GMT #121 Commercial songs made after 1990 sucks anyway, just listen to free music ... actually streams with background music suck as a whole =x

Fruitality Vietnam45 Posts February 13 2012 13:28 GMT #122 btw i once asked an artist if i could upload his songs he gave me a signed paper (letter) i could do that still i got in trouble with the label and it took a long time to prove that i was right .... so be careful

ntssauce Germany750 Posts February 13 2012 13:30 GMT #123 in germany you pay GEMA. ESL pays the gema for Take cause they work together afaik.

ki11z0ne United States427 Posts February 13 2012 13:37 GMT #124 i can see were your coming from, personally for me if i watch a stream and they guys commentating listen to that. if he is playing music depending on witch kinda i eaither listen to that or just put my own up so really does not bother me mutch but yes i would love to see if you can actully stream music leagaly...

Leeoku 1617 Posts February 13 2012 13:49 GMT #125 it's prob illegal but bottom line is they arent really making money off of it. copyrighted music in youtube vids help enhance the vid/makes it attractive. streamers use it for (mostly) personal listening

Khonsou Dominican Republic275 Posts February 13 2012 14:01 GMT #126 It's illegal almost in every country. Using streaming service website does not give you the right to stream it to an audience, for profit or free-of-charge. You can diffuse music depending on your licence, there's alot of CC licences that allows you to do that but the default copyright licence used by majors and labels does not permit it under any circonstances, and I don't think fair use would work in this case because of the video-streaming revenue that gets the emiter. Apart from that, let's face it: It's bad for the music streaming service too (ie Grooveshark or Spotify) which will get in its number 1 guy (the streamer) over a 5K audience. In this type of cases I don't see another solution than a contract between Grooveshark for example and Twitch/Justin. You can argue that the primary content streamed by twitch is not music, and that this audience probably wouldn't have listen to this music this particular time. And you're right. But fact is this audience IS listening to the music, at this particular time. It's pretty complex and the main problem is: it's goddam expensive to stream music legally (appart from "open" music obviously). For now considering the size of the phenomenon (microscopic), it's not really an issue. But it might be necessary to adress it before the copyright maximalists get their noses here and spoil our fun ... Well that was my 2cts. PS: Fun fact, in France, they almost shut down a streaming website that had all the old animes/cartoons and soaps because it wasnt paying any fee. They asked for 60KE a year... which the website did'nt even make.

Micket United Kingdom2163 Posts February 13 2012 14:06 GMT #127 Music companies are idiots if they think music on streams is reducing the number sales they are getting. Heck, there is a TL thread on what music the pro gamers like to listen to, because streaming exposes often unknown music tracks for people. Look in the Idra fanclub and every page, there is a guy asking which music Idra is playing and what it is called. Tbh, the entire music industry needs to wake up and move through the times.

Khonsou Dominican Republic275 Posts February 13 2012 14:10 GMT #128 Well I totally agree with that. And I don't even think they're aware of this type of phenomenon. They can continue sinking money suing people for all I care. But in the midtime, the music streaming service gets screwed... :S And I feel that it would be necessary for Twitch to adress the issue, even if it's slightly off topic here Could be an embed or something, on the side, showing the music currently played and getting capting numbers of the audience watching the stream, hell I don't know but...

MiKTeX United States234 Posts February 13 2012 14:48 GMT #129 whitera listens to mixes that are made just for him (http://lsdb.eu/list/artist/27563/DJ_Amoureux.html) just saying

Talin Montenegro10532 Posts February 13 2012 14:49 GMT #130 I couldn't care less to be honest. I'm not going to go out of my way to defend the interests of the music industry (or any industry).

natebreen United States184 Posts February 13 2012 14:52 GMT #131 As said before, DMCA requires that the copyright holder inform/complain to the person of their infringement (or a regulatory body like in youtube examples).

eoLithic Norway221 Posts February 13 2012 15:23 GMT #132 uhm, ye. Using someones music that is copyrighted without permission = illegal. Simple. Wether they`ll get caught or anything will change, maybe if the streaming industry gets bigger, dunno. Alot of them jsut let some RNB or techno radio with remix only and amateur DJs running though, that`s alot safer than having metalllica f.e banging in the backgroun.

DreaIVIS Finland130 Posts April 01 2012 00:47 GMT #133 How are you avoiding these copyright issues in big streams? I had my Age of Empires 2 stream online with over 1300 users and they removed my stream in the middle of streaming without further notice. This is what I got as an answer: "Dear Justin.tv Broadcaster: The content you streamed and archived on Justin.tv at http://www.justin.tv/dreaivisaoc was the subject of a takedown notice we received from vobile (WARNER BROS) pursuant to the Digital Millennium Copyright Act ("DMCA"). This organization has asserted that it owns this content and that you streamed that content on Justin.tv without permission to do so. As a result we have cleared the offending archives, highlights, and episodes from your account and given you a 24 hour restriction from broadcasting. If you believe your content has been taken down in error, please so inform us. In order to comply with the DMCA, your counternotification must include: (A) your physical or electronic signature; (B) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (C) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (D) your name, address, and telephone number; and (E) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside, or if you live outside of the United States, for any judicial district in which Justin.tv may be found, and that you will accept service of process from the organization or an agent of the organization. As stated in our Terms of Service, repeated incidents of copyright infringement will result in the deletion of your Justin.tv registration and prohibit you from streaming and archiving material on Justin.tv in the future. To prevent us from having to take these steps, please delete from Justin.tv any material you have streamed or uploaded and to which you do not own the necessary rights, and refrain from streaming or uploading additional material that infringes the copyrights of others. For more information about Justin.tv's copyright policy, please read the Terms of Service located at http://www.justin.tv/user/terms_of_service. Sincerely, Justin.tv Staff" "We are contacting you as the person responsible for the Justin.tv channel at http://www.justin.tv/dreaivisaoc/b/313470491. Justin.tv’s filtering system has identified on your channel content that the owner of that content has not authorized for upload to or streaming on Justin.tv. Your channel has been disabled and your user account has been terminated. If you believe that this identification of content is in error, please so inform us. Sincerely, Justin.tv Inc." My stream is removed entirely and they aren't properly answering my question that where and what I had in my stream which was copyrighted?!? I assume it was music, but what music? How go big streamers avoid this kind of situation? My stream doesn't make money, I don't stream to play music, I stream to play Age of Empires 2. I am adding content with the music!

Innovation United States284 Posts April 01 2012 01:00 GMT #134 As an ASCAP member I can assure you that streaming copyrighted content such as music even if it's using Pandora or another streaming service is not allowed. The only reason people get away with it now is that most of the major labels have not identified live streams as a major issue yet. In time they will crack down. Streamers technically need to pay royalties for each song that plays. Regardless of anyone's personal feelings that is the law. Most streamers will just eventually receive a complaint notice and the temporary shut-off of their stream in the future but those that continue to stream copyrighted material may become liable for lawsuits. This is particularly important for streamers with large audiences and archived content. If the label's choose to it is within their rights to sue for quite a bit of money (they will win 100% of the time) for each song played ever over the course of your streaming history. The larger the audience the more expensive it gets. It very easily could reach $100,000 or more for the more popular streamers. This is not intended to intimidate people but just to inform so that they may limit their personal liability. Just be careful and if you continue to do so at least you know the risks you are taking. I hope you can afford it.

TheSir 1830 Posts April 01 2012 01:02 GMT #135 Well pay fees that allow you to play copyrighted music on your stream/broadcast (which most often aren't cheap), thats the only way to avoid a situation like that or off course just dont play copyrighted music.

Berailfor 441 Posts April 01 2012 01:07 GMT #136 Well I think you answered your own question in your OP. The DMCA does not prevent you from using their copyrighted material. It allows them to request it be removed. In the case of a stream there is no real way to do that because it is live and played very randomly. I suppose they could ask that the song not be played if they went around listening to every streamer and figure out who plays there song. But that would take countless hours and is very unrealistic, besides the fact that it is probably good in the sense that their song gets advertised without the person streaming reaping benefits they could have gotten (like YouTube does.)

DreaIVIS Finland130 Posts April 01 2012 01:18 GMT #137 Instead of a warning, my stream was just removed. I tried to explain that I am adding content to the music, so it's not copyrighted material, but their answer is same to all my e-mails: "Greetings, When content is removed from the site due to DMCA takedown requests it is because we have gotten contact by the copyright holders and they have specifically requested that the content be taken down, due to them physically witnessing that their material had been infringed upon. As far as our guidelines, you can find them here: http://www.justin.tv/user/dmca. If you have an account or see a channel that has been suspended due to copyright infringements, understand what we cannot restore accounts who have been banned in this method, unless it actually was a false takedown. Regards, Justin.tv Staff" They wont even tell me, that what the material was. So other streamers, be really careful what you stream! They can remove your stream just by someones request and the evidence that it's ok must come from you instead of them having the responsibility to show that you are doing wrong.

TheSir 1830 Posts April 01 2012 01:20 GMT #138 What you mean by 'i am adding content to the music'? Is the music that you play copyrighted or not? Thats the only thing that matters.

3DGlaDOS Germany607 Posts April 01 2012 01:22 GMT #139 tbh this may become an issue, i always wondered about it seeing Idra getting like 15k viewers and even more VOD views on his streams.

emc United States3088 Posts April 01 2012 01:22 GMT #140 need to get some original beats or ones that aren't protected by copy right. OCremix music is all royalty free and you can listen to that np if you're worried about it. I prefer no music on stream couldn't people just listen to pandora or other internet radio? not sure how that would be illegal if you are just listening to something others can

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