BEST PRACTICES FOR STREAMERS TO AVOID DMCA TAKEDOWNS

Recently, Twitch streamers have been hit with a wave of DMCA takedowns for allegedly playing copyrighted content on their streams which they did not have a license to. While the recent DMCA takedowns appear to focus on playing copyrighted music on stream, importantly, showing copyrighted video content (like a movie or a TV show) could also result in a DMCA takedown if the rights-holder was aware of its usage. For more info on what the DMCA is, see our post here.

Unfortunately, the DMCA is not perfect, and the takedown process can be weaponized resulting in overreach. While there’s no bulletproof way to stream content without the potential for a DMCA takedown, here are some best practices for streamers to help avoid potential DMCA issues:

DO:

• ​Disable in-game music by a recording artist
• Utilize a royalty free music service like Monstercat or Thematic
• ​Follow any streaming or content creation guidelines established by the game developers for the games you stream (not all games have these)
• Be aware of your surroundings when doing IRL streams and avoid areas with music playing
• ​Get a license to use someone else’s content (music, movies, tv shows, etc.)
• Back up all of your streams to a  personal hard drive or cloud storage service 
• Contact a lawyer if you have any questions about whether you need a license BEFORE you stream the content

​DON'T

• Play songs off Spotify, Soundcloud, YouTube,  etc. on stream
• Play movies or tv shows on stream
• Assume your usage of the content (music, movies, tv shows, etc.) is fair use
• Use famous marks as profile pictures/badges/icons/emotes or as your account name
• ​Rely on your platform’s DMCA claim dispute process
• Intentionally remove information that identifies a copyright owner (like a watermark)

If our firm can assist you with your DMCA-related matters, please contact us at info@esports.law