Streaming TV Shows on Twitch Attracts DMCAs and the TV Industry's Eye of Sauron

The Washington Post reports that three of the world's most prominent live-streaming stars 'received notifications of copyright infringement after broadcasting TV shows to their millions-strong fanbases on Twitch.'

'The days that followed produced copious amounts of Twitch's most common byproduct, online drama, but also focused attention on the murky and legally complicated question of what constitutes fair use of copyright materials such as TV shows and movies....'

In 2007 Viacom sued YouTube for copyright infringement. Though the court ultimately ruled in favor of YouTube, the suit paved the way for the 'Content ID' system, which automatically identifies copyright content and aggressively polices the platform. While software that can scan Twitch already exists, Twitch has yet to create its own automated system, and it does not appear to be in the process of doing so, according to industry figures with knowledge of Twitch's operations who weren't authorized to speak publicly.

Such an outcome becomes more likely, however, if advertisers start withdrawing from the platform for fear of being associated with risky content, something that's already beginning to happen on Twitch according to Devin Nash, chief marketing officer of content creator-focused talent agency Novo...

The 'react content' trend often hinges on broadcasting copyright material, like popular movies or TV shows, a practice which skirts the outer edges of platform rules. Earlier this month, Viacom and the History Channel/A&E (which is owned by Hearst and Disney) issued copyright claims — also known as Digital Millennium Copyright Act (DMCA) takedown requests — to specific streamers.... The DMCA-centric discourse left streamers and viewers on Twitch with ample drama but no clear answer as to whether one of the platform's go-to trends merely faces a few bumps in the road or an asteroid-sized extinction event. 'Nothing could happen, or everything could happen,' Cassell added. 'And it rests on the decisions of a handful of media rights holders....'

Some streamers, such as Piker and Felix 'xQc' Lengyel, both of whom started reacting to clips from sites like YouTube long before the current react meta began, argue reaction content should be permitted since Twitch is essentially built on copyright infringement. Streaming a video game is technically a DMCA-able offense. The video game industry, however, has decided to allow the practice because the free publicity and resulting sales tend to outweigh any potential downsides. But television is a different beast, with its economics rooted in broadcast rights rather than individual unit sales....

This awkward and unceasing dance around the topic has been fueled in part by the fact that Twitch is incentivized to maintain its ignorance of copyright infractions taking place on their platform.... But the silence has added stress to streamers whose livelihoods could be impacted by decisions around the current DMCA practices....
The Post also spoke to game/esports/entertainment lawyer David Philip Graham, who believes copyright law itself is due for an overhaul. 'Much of our current copyright regime isn't really about authors' rights or promoting the progress of science and useful arts, but about big businesses looking for easier routes to profitability,' Graham said.

He proposes shortening copyright term lengths — and also expanding permissions for derivative works.

Read more of this story at Slashdot.