~;
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
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