{ROUGH DRAFT} - US Copyright Law [Title 17]: song "covers" protected under Fair Use Act from abuse of DMCA.

i received a playlist in the mail, today [29March2021].

if a Strikedown Request comes to me through Twitch, for having played any part of it for my streams, instead of through the new Copyright Small Claims Board, i will petition the new Copyright Small Claims Board to enforce protections placed by "Fair Use" Act not only upon my use of the playlist but also upon the copyrights held by Sina Doe and Avonlea.

the only permission i DO NOT have, relative to this playlist, is permission to SHARE COPIES OF it, which i wouldn't do even with permission; you must purchase the playlist, yourself.

furthermore, if a Strikedown Request is aimed at Sina, for being the performer of the cover [referenced in the Stridedown] that i had played on my stream, i will DEFINITELY petition the new Copyright Small Claims Board for enforcement of "Fair Use" which protects the cover as Sina's original work.
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{disclaimer} - if you would like to purchase this playlist, you must do so by having subscribed to Sina Doe on Patreon for three months.  having purchased the copy that you would, then, be playing on stream:  you are protected, as the copy's owner, under "Fair Use".  copies of all three Chi Might albums may be purchased from Amazon Music, and each track will come with a Purchase Code which will prove your protection from DMCA under "Fair Use".

hopefully, you subscribe to Sina for the long haul.  she is well worth the investment.

this playlist includes "covers", which are also protected as original compositions/performances by "Fair Use Act" [US Copyright Law (Title 17)].

this is my primary playlist, until i can decide on the language of the disclaimer for Halocene 's "DMCA-friendly" playlist on Spotify.

to be fair, in my [recent] first letter to the new Copyright Small Claims Board, i fudged what Halocene means by disclaiming that "These originals ARE NOT COPYRIGHT- NOR ROYALTY-FREE".  i forgot that i did that half-deliberately, then forgot and stuck my foot in my mouth when i told Halocene that i did it.

i have never claimed to not be the dumbest person on Earth.

when i first learned that Halocene has been streaming on Twitch, i refreshed myself on their music, and i spoke with someone in the comments of one of their YouTube videos about DMCA and maybe claiming them as my "House Band" for GooseandClover Broadcasting.  i was encouraged to be mindful that Halocene requests credit for all of their music that is played in a stream, which is never an unreasonable request from anyone.  also, my personal choice to forward all tips that i receive while playing their music during a stream, in their entirety, covers paying for royalties that i would owe them [i hope] for playing their music on stream, though i would prefer that tips are given directly to Halocene through their Twich channel's "donation" link. {... and tips can be given even when the recipient is offline; they will get a notification, one way or another, and would not have to respond to it immediately.}

"These originals ..." indicates Halocene's understanding, too, that their covers are protected under "Fair Use" as independent original compositions/performances, seems like, and i've been learning about that a little more intimately while watching their live Patron-only streams.

my letter to the new Copyright Small Claims Board

  ~;

i am not yet a streamer, and my goal is to "push" for Twitch Affiliate in June or July.

one of the reasons why my goal is yet so far away is so that i can teach myself how i can abide DMCA by using Fair Use Act, even when i am not using the Amazon-provided in-stream extension that bridges Twitch with Amazon Music [purchased content] and Amazon Music Unlimited [paid subscription content], both of which fall under Fair Use Act.

also, i am glad to see that there is a Small Claims Board here, now; someone with whom i might gain an appropriate reference.  if i can get free legal counsel from the Copyright Office, as well--since Small Claims Board happens to be new and happens to be a committee rather than an actual court--that would be beneficial for all, as well.

just the other day, i clicked on a YouTube notification to open a new post by guitarist [female] Dominique Ruiz, who posts intro videos to show off her skills.  the page loaded, and there was a glaring notification in place of the video that Warner Music Group had "taken the video down", which seemed to be a strange way to say, "YouTube has taken this video down upon request from Warner Media Group."  it's my opinion that the claimant should not have the power to actually take anything down, especially now that Small Claims Board has been initiated. {furthermore, sharing of playing of intros is protected under Fair Use Act.}

there are other instances where Fair Use Act applies, mainly in the case of playing purchased content over a stream on the internet:  granted, it would be terrific [for instance] for Sasha Grey to have a camera focused on her turn table so that the audience can see that she's indeed playing from a vinyl record which she owns ... 0_o oh, wait!  she does!

i'm one of the ... maybe, 1/3 of Twitch streamers for which streaming will be a hobby, also.  we hobbyists should be protected from Strikedown Claims, shouldn't we? because, in our case, we're sharing the music with our guests same as in a "in-real-life" cocktail party or gathering, and Peaceful Assembly is protected under the First Ammendment.

in some cases of streamers who are employed--particularly those who are self-employed, rather than those who are employed as part of a contract, as streamers--the same holds true.  really, it's only the music which is used in their "Alerts" that are being used for advertisements, and those alerts are Clips which are protected under Fair Use Act.

last year, the major uproar was about DMCA-covered music which happens to be in the soundtracks of particular video games being Incidentally played over stream and, instead of attacking the producers of the video games [who have control over the video game soundtracks] Strikedown Claimants went after the streamers, even though playing of the content over the streams is protected under Fair Use Act because it's INCIDENTAL; the streamer has no control over the content provided by the video game companies even though they have control over which video games they stream, and it is unreasonable to ask that no Videos On Demand of streams be recorded, saved, and highlights cut/shared from ...

last year, was just plain unreasonable.

it is known that video game streaming by amateur broadcasters over Prime Gaming [Twitch], YouTube, Facebook, Twitter, etc. is a relatively new and growing employment avenue, which includes sponsorships and eSport scouting.  streamers WILL play video games, and they have no control over the soundtracks of the video games that they play, so the streamers are protected under Fair Use Act.

this letter is already waaay too long, and you don't have all day, so i will simply ask that you think about the truth that Fair Use Act is also included in TITLE 17, and that it's there to protect the general public from the corporation.

last thing:  i've chosen, for my "house band", Halocene because they produce their own content independently.  should any of you choose to, you may subscribe to their Patreon [pron. Pat-ree-on by the Patreon administration, even though the majority of the users pronounce it Pay-tree-on].  Halocene live-streams their production of various songs--including covered, collaborated, reworked, remixed, and original.  in a channel of their Discord server, they offer a link to their "DMCA-Friendly" playlist on Spotify, and they remind us that their covers ARE NOT royalty-free; Halocene pays royalties, they're pointing out that they've taken on accountability for royalty payment of their covers so that we [streamers] may play their covers without fear of DMCA abuse.

i might be the only streamer to do it, and i have already begun to ask for my viewers to send tips directly to Halocene, asked my viewers to help them pay for royalties since Halocene is so generous.

why shouldn't the Small Claims Board apply Fair Use Act as often as Digital Millenium Copyright Act?  why shouldn't the general public also be protected, from DMCA abuse?

thank you,
braneugbolhuis
brandon eugene bolhuis
USN Veteran [OS3], Plankowner/Shellback CVN-76 [29NOV2001 - 12NOV2004]
Twitch:  @gooseandclover
YouTube:  @stalker286

so ... yeah ...

first of all:  it came to my attention, a few nights ago, that i won't be able to perform any puppet shows for my stream except in the traditional sense, and there are enough traditionaly puppet shows in the current streaming industry that i don't feel comfortable with sharing that interest of mine in exhibition.

i have other interests, however, through which i hope to express my Schizotypal Personality Disorder, even while i will forever be working on keeping my PTSD in manageable shape

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second:  i need to take a pseudo-break from twitch and social media for a while.

my goal is still to start streaming in either June or July and, with the impending potential of the Stimulus in progress, i should be mostly ready by then--including sound-suppressing material for my tiny little studio, and including having cleared the studio out for streaming.

the reason why i need to take a break is that my goal for a writing project that i've challenged myself to had been to start working on it on my last birthday [!birthday in my discord server (which can be accessed from my twitch profile) or in the chat area of my twitch channel], and it is already March without my having started on it outside of compositional theory.

there is some reading that i was in the middle of when i first felt inspired to write Soulspent, which is the working [not the finished] title of the third book of the Legacy Of Tril trilogy.  the Legacy Of Tril's original author is [Heather] Z Brewer, aka Pibling Z.  Pibling Z has been an inspiration and a solid socio-navigational reference for me, and those are huge reasons [apart from procrastination] why i've done so much pre-thinking about this final installment.

my attempt to complete the trilogy is Fan Fiction, will be Fan Fiction, and will be the grandest adventure of my life to write.

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-  currently in the middle of Bloodhound by Tamira Pierce, second of the Beka Cooper trilogy.

-  need to re-read Souldbound and need to read Soulbroken by Z Brewer, to catch myself up and get my bearings.

-  need to read Any Man by Amber Tamblyn for a writing style reference, and potential subject matter reference.  {the reference for writing style alludes to my own desire to have not only a unique "Author's Voice" but also a unique expression of it.}

-  need to read [and likely rewatch] The Princess Bride by William Goldman for my bearings on the desired "big picture" image.

-  for thematic material and theatrical delivery reference:

   --  i need to re-read Pirate Latitudes by Michael Crichton

   --  i need to finish reading The Fool's Girl by Celia Rees

   --  i need to re-read Sovay by Celia Rees

   --  would like to read Pirates! by Celia Rees

   --  would like to read Persimmon Apricot, Gunslinger by Jason S. Litz

-  need Pilot G2 0.7 mechanical pencils and Pilot Neox 0.7 B-grade pencil leads {reference MentalFloss}

-  need a particular set of notebooks from Moleskine as well as the 5-piece [monochrome] pencil set {and might as well get the Eraser & Sharpener set, as well} from Moleskine.

-  need Irwin Strait-line carpenter pencils [yes, for writing] and a few Irwin-brand sharpeners.

-  would like notebook covers from Hide & Drink for the above Moleskine notebooks.

-  would like Pilot G2 0.5 mechanical pencils and Pilot Neox 0.5 F-grade pencil leads.

-  would like Pilot ENO Neox 0.7 color lead, including Breast Cancer Awareness Pink.

there are some pencils that i would like, at some point, for my drawing and drafting, too.  i might stream putting up the sound-resistant material in my studio.  will likely get all of that with the next stimulus.

About Tab; Panel 2 for each Twitch profile "gooseandclover" and "sudo_gooseandclover"

US Title 17 - Copyright Law (Complete)
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{"Audio for portions of this video has been muted as it appears to contain copyrighted content owned or controlled by a third party." ... ... ... this is NOT the streamer's prompt to complain about the DMCA Crackdown of 2020.  this is the streamer's prompt to check their stream, and the music played on it, against the below checklist; if it's good according to the "Fair Use" Act, then the streamer should bring it to Twitch's Attention because a MUTING does not necessarily equal a TAKEDOWN; even Twitch has admitted, as mentioned well below, that their bot (whose name i've forgotten ... Nighthawk or something, idk) makes mistakes, Twitch would just prefer to be safe than sorry, and streamers are WELCOME TO APPEAL their mutings, if not the takedown requests.}
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First Ammendment [CONUS Bill Of Rights]:  "... or the right of the people peaceably to assemble ..."

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Title 17 [US Copyright Law] - Chapter 1 - 107 - "Fair Use":  "... The fair use of copyrighted work ... is not an infringement of copyright.  In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include 1) the purpose and character of the use, 2) the nature of the copyrighted work, 3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and 4) the [a]ffect of the use upon the potential market for or value of the copyrighted work."

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1)  Purpose and Character Of Use:  same as playing music at home while hosting an at-home party.  Atmospheric and Consumer use rather than commercial nor non-profit use.  i do not play this music hoping that doing so will bring me profit; i do not solicit tips, donations, payments nor gifts in any way, i simply provide the means for viewers to give of their own volition and the reminder that it Is a gift and, therefore, is non-refundable/non-returnable.

2)  the Nature of the copyrighted work:  in this case, I PAY FOR a subscription to Amazon Music Unlimited, and I HAVE PURCHASED DIGITAL COPIES OF MUSIC from Amazon, and i am making use of Amazon's handy Amazon Music Extension for Twitch.  therefore, I AM THE COPYRIGHT HOLDER FOR ALL OF THE MUSIC THAT I PLAY FOR MY STREAMS and I AM SIMPLY PLAYING MUSIC FOR PARTY AMBIENCE, which is protected under First Ammendment.

3)  the Amount and Substantiality of the Portion Used ...:  this is moot, because I PAY FOR LICENSE TO HOLD THE COPYRIGHT OR HAVE PAID FOR THE COPYRIGHT HOLDERSHIP OF THE MUSIC WHICH I PLAY FOR MY STREAMS.

4)  the Affect of the Use upon the Potential Market For or Value Of ...:  would be either NO AFFECT or POSITIVE AFFECT.  any negative affect would come from the commentary in the chat section of this stream, and such commentary is not tolerated by this stream's management.

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QUOTED directly from Twitch's own DMCA Notification Guidelines:  Please note that, under 17 U.S.C. Section 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability. Twitch may, at its discretion, share a copy of your notification or counter-notification with third parties (this may include sharing the information with the account holder engaged in the allegedly infringing activity or for publication).

1)  "knowingly *materially* misrepresents" means that a- it's being used to benefit the creator and their streams, b- the creator is deliberately either claiming that the copyrighted material in use is their own and/or is simply allowing the belief of their viewers that the material is the creator's original work. ...  this references "the Affect of the Use upon the Potential Market For or Value Of ..." as described above.

2)  "removed or disabled by mistake or misidentification" means either that a) even if it is in the soundtrack of the game being played [AND is embedded in the game]--if the creator mistakenly or deliberately claims that the material is their own, b) if it is a PC/Mac game, say, and part of the game file [particularly the audio files] is missing, c) voice-overs and dubbings are replaced by non-original castings, d) ... ... ... you get the gist ... could be held liable.

even Twitch's own DMCA Notification Guidelines support the application of Fair Use Act in response to DMCA takedown strike notifications.

US COPYRIGHT LAW is not nearly as complicated as even Twitch makes it out to be.  if the creator is the LEGAL copyright holder, the Record Label or whomever has no claim.  For instance:  Amazon is Twitch's Parent Company.  Amazon's Licenses with Record Labels and whomever relative to Amazon Music Prime and Amazon Music Unlimited make Amazon [effectively] the LEGAL copyright holder of any music played through their Amazon Music Twitch Extension; should the creator pay for a subscription to Amazon Music Unlimited, then the LEGAL copyright holdership of that music transfers to the creator, and that copyright holdership applies only when that music is played through the Amazon Music Twitch Extension.