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Because my husband is a gamer, I've been following this Twitch/DCMA takedown "controversy" with a lot of interest. Especially since it's become more prevalent in the podcasting space,
as well.
(Playing copyrighted music in your podcast? Keep reading.)
as well.
(Playing copyrighted music in your podcast? Keep reading.)
For those who aren't aware, more and more Twitch streamers who play licensed music in the background of their streams while playing are getting takedown notices, including for their back catalog. https://www.pcgamesn.com/twitch/dmca-sounds
Most new podcasters seem to ask the same question at some point or another — "Can I play licensed music on my podcast?"
The common follow-up, unfortunately, is "but _______ podcast does it and they've never gotten dinged!"
Or "But what if it's under ___ seconds?"
The common follow-up, unfortunately, is "but _______ podcast does it and they've never gotten dinged!"
Or "But what if it's under ___ seconds?"
Here's the thing — to play licensed music on a podcast, you need permission from the songwriter, performer AND the record label.
Without those licenses, you're subject to takedown notices. (Buying a song on iTunes doesn't count either — Sorry!)
Without those licenses, you're subject to takedown notices. (Buying a song on iTunes doesn't count either — Sorry!)
By the way, claiming "Fair Use" means you may still have to go to court to try to prove it — the burden of proof for Fair Use, in this case, falls on the creator.
And the bots used to look for music used in podcasts (and on Twitch) probably can't differentiate Fair Use.
And the bots used to look for music used in podcasts (and on Twitch) probably can't differentiate Fair Use.
The thing about everyone having easier access to broadcast themselves means people aren't given training about basic media law, and then get mad when this happens and they have to take down content and lose income in some cases.
There is plenty of "pod safe" (you can Google that phrase) or royalty-free music out there, even streaming-friendly radio stations out there with music for your podcast.
I know it's disappointing, though. This is the reason I haven't indulged my impulse to have a podcast all about Yacht Rock — what's the point of I can't just play Christopher Cross' "Sailing" on repeat? 
Shout-out to fellow-SCSU alum Anthony Fantano @theneedledrop for his video breaking down copyright claims and Twitch's stance in this video.
