Many budding Twitch streamers have bumped up against the DMCA (Digital Millennium Copyright Act) at one point or another. But while Twitch has kept an advertised policy of leniency and education in the past, in 2023, just three Twitch copyright strikes will get you banned permanently. So how can you avoid DMCA violations and Twitch copyright strikes?

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Twitch copyright strikes are a form of punishment meant to protect the intellectual property of content creators. A copyright strike is issued when Twitch finds that copyrighted material has been used without permission (in violation of the DMCA).

This could include using audio, visuals, or other elements without permission. Copyright strikes will result in post or stream removal, suspension of the channel, and even potential account termination. It is important that streamers are aware of the laws surrounding copyright, and ensure they have permission to use any content they stream on Twitch.

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What are DMCA laws? The basics

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that was enacted in 1998. It implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. Additionally, the DMCA heightens the penalties for copyright infringement on the Internet.

At its core, the intent of the DMCA is to update copyright laws to reflect the realities of digital technologies. The act provides a framework of standards that must be followed by both Internet Service Providers (ISPs) and content providers. It also gives explicit guidelines on how these parties should respond when faced with accusations of copyright infringement.

Under the DMCA, ISPs must provide contact information in their websites so that copyright owners can report infringement. Twitch’s report process can be found here. They must also remove or disable any infringing material when they become aware of it. Violators of the DMCA may face civil or criminal penalties, such as fines or jail time. In this case, three valid complaints will result in Twitch copyright strikes and could lead Twitch to ban your account.

Content providers are also responsible for ensuring that their works are not used illegally. They can do this by registering for copyright protection, using technology-based protections (such as DRM) and monitoring activities of users.

According to Twitch, “If the rights holder is willing to tell Twitch they have retracted the DMCA notification because they have given you a license,” or you can prove you have the right to use the copyrighted content via Fair Use, you can reasonably expect the Twitch copyright strikes to be removed.

Unfortunately, haters are gonna hate. We at Streaming This Weekend understand all too well how competitive this environment is; thankfully, Twitch recognizes this and works to prevent their content creators.

According to Twitch, “In the event you receive a DMCA notification that you believe is the result of a mistake or misidentification or is from someone pretending to be the rights holder, you have the ability to submit a counter-notification or seek a retraction. There may be legal consequences, including damages and attorneys’ fees, if someone submits a DMCA notification that materially misrepresents that material is infringing.”

In other words, false claims are actionable, should you have proof that the claim was false and the desire to pursue your accusers.

Yes. Twitch appears hesitant to admit this, likely to avoid encouraging violators to misuse copyrighted content, but the streamer has conceded that strikes do expire, though they don’t reveal much in terms of timelines and criteria.

Per the Twitch copyright rules page: “We can confirm that copyright strikes expire. While we can’t share more specifics, we can confirm that there are various factors that influence the expiration date including the date the strike was issued and the account’s standing on Twitch.”

To resolve copyright strikes, visit Content, then Copyright Claims Manager.

Resolve twitch copyright strikes screenshot
Credit: Twitch

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How to get DMCA free music for your stream

Streambeats offers free, copyright-free music that streamers can use on their live stream. The process is straightforward, so follow the steps below to pick up a fresh tune for your stream.

  • Open your browser and go to the official website
  • Click on the Create button and then Download Tracks.
  • The website will redirect you to a Google Drive folder
  • Choose the right music genre that aligns with your video content
    • For example, you can choose from Hip Hop, Rock, Country, House, etc.
  • Open the subfolders in the genre to find the albums that contain music files
  • You can download the entire album or individual music tracks

It’s that simple. Don’t forget to credit the work of the artist and content you use.

Lofi Girl – options, options, options

Lofi Girl is another platform to find and add copyright-free music to your videos or live streams on platforms like Twitch, YouTube, TikTok, and Instagram.

There are two methods to get free-copyright music from Lofi Girl. For instance, for YouTube and Twitch, you can play the radio in your stream from your Spotify playlists or YouTube page. Make sure you credit the channel in the description of your live stream to avoid copyright infringement, takedowns, and demonetization.

On the other hand, you can use the Twitch Soundtrack option to upload the track directly into your stream. Search for songs/music tracks in Lofi Girl’s library, choose the desired files, and click the download button. Upload the track in Twitch.

Again, you must add credit to the video description, including the artist’s name, the title track and the Lofi Girl source/link. Be sure to credit the work to prevent complaints about how you’re using the content.

Soundtrack by Twitch

Soundtrack by Twitch is a new feature that allows creators to add new music to their live streams. It was designed to make it easier for creators to find and share the music they want their audience to hear. With Soundtrack, creators can now choose from over 500,000 songs and sound effects from independent artists, labels, and publishers all around the world.

To use Soundtrack, creators simply have to select the music they’d like to play and configure the settings in their Audio settings in the Creator Dashboard. Then, as they are streaming, the Soundtrack music will start playing in the background.

Using any of these three services should keep you free of Twitch copyright strikes. Here’s more from Stream Scheme.

DMCA free music from Stream Scheme

Final words

There’s nothing worse than demonetization or banishment from the number one live streaming platform for gaming. As tough as it may seem to keep the troops entertained though, you must resist the urge to put your content standards on cruise control. To maintain a professional page and avoid penalties on Twitch, learn the rules and create internal guardrails that prevent your channel from ever facing Twitch copyright strikes.

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