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.
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