The (video game & lifestyle) streaming industry is booming. It started on Justin.tv (now Twitch) and has expanded over the years to Xbox, Steam, YouTube Live, Facebook Live, Discord, etc. It has since become an important form of entertainment for many. Streamers, however, are often left with questions surrounding copyright (aka copyright). What is that?
Perhaps you yourself have received a “strike” for a copyright violation? We already frame here some of the problems or questions streamers may be facing.
What is copyright (copyright)?
Copyright protects certain intellectual creations (also called works), which are sufficiently original, expressed in a concrete form and are the result of a creative activity by an author.
What is not included here: ideas, concepts, sports rules, tastes, smells, etc.?
Once you meet this condition, a copyright arises that belongs to the author or creator of the work. You can transfer your copyrights in an agreement.
What is copyright infringement?
Copyright infringement occurs when you use a copyrighted work without permission. This could be by going livestreaming the work, (re)uploading it, making copies of the work and then reselling or redistributing these copies (among friends or to strangers, both online and offline).
So do I always have to ask permission when I want to use a work?
No, the law has provided certain exceptions and these will possibly apply depending on your situation (but you should be careful with this). A well-known exception is, e.g., citation law.
What is this “DMCA” that I get to see in my “strikes”?
The DMCA stands for: Digital Millennium Copyright Act (U.S. law). This legislation provides for a “notice-and-takedown” system for online platforms (e.g., Twitch, Facebook, YouTube,…). This involves the copyright holder giving a notification to the platform that certain content violates her or his copyright (because permission to use the copyrighted work (e.g., the video game music or video game visual elements) is not given.
To cover its own liability, the platform will (almost always) automatically respond to the notification and remove or block access to the video. So sometimes these reports will be justified, sometimes not. For example, they do not take into account possible licensing agreements that may have been entered into with the copyright holder or possible exceptions that may apply. Therefore, there is always an appeal to rectify this decision.
Similar legislation exists in Europe, by the way.
Do you have any specific questions about copyright?
- If I create something in a video game (e.g. an entire artwork within Roblox or Minecraft), do I have copyright on this?
- Can I use the music in my video or stream if I just downloaded it from YouTube somewhere?
- Do I own the copyrights of my stream or videos I create when I stream video gameplay?
- Can I challenge a strike from DMCA for showing gameplay?
- In contract negotiations with the platform, what clauses am I best avoiding and what clauses are best included?
- Can I exploit my creations in games in the form of NFTs?
- Someone is using my video, can I copyright this?
- Do I always have to file a lawsuit to challenge a decision of alleged copyright infringement?
- The author whose copyright is allegedly infringed by my video is in America, which judge has jurisdiction if I want to appeal?
Contact us and we will be happy to help!