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For example, if a few notes in a song are distinctive enough, just copying those few notes is enough for infringement. Courts have multiple tests to determine if a copy amounts to infringement but the general concept is based on substantial similarity to copyrightable parts. The amount you can copy without permission is very contextual. Regardless of the time limit, there is no temporal threshold for copyright infringement. I see this one quite often on Reddit with many variations including 8, 5, and 3 seconds. I can use copyrighted material if it is under 10 seconds.I am unaware of any that have taken legal action in regards to live streamed content, but the ever watchful eye of the music industry is aware of live infringement. Similar to these practices, rights owners have recently employed monitors to watch Twitch streams for music rights violations. It is well known that music rights owners send out monitoring agents to businesses such as restaurants and bars in order to make sure these establishments pay their licensing fees. Moreover, streamers might not be as safe as they think using this tactic.
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Once the streamer violates any exclusive rights, including displaying or performing a work, the streamer open themselves to legal liability regardless if there is a VOD or clip.
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Yes, it does help hide the fact that an infringement occurred or it might even satisfy the copyright owner to not take legal action, but the fact is – infringement already occurred. I can stream copyrighted material if I delete my VODs and clipsĭeleting VODs and clips have been a popular tactic to avoid copyright claims on Twitch, however, this may give a false sense of security.Note that this does not include the statutory damages for willful infringement, which can go up to $150,000. The plaintiff can also elect to take statutory damages instead if actual damages are too low. Actual damages are what the plaintiff actually lost from the copying, which generally includes the money the defendant gained from the copy. If a plaintiff can successfully prove an infringement case, the defendant may owe monetary damages to the defendant in the form of actual or statutory damages. The second way financial gains might affect a lawsuit is when calculating damages. Also, the fair use factor is generally more broader in scope than just simply receiving a financial benefit from the copy. First, one of the factors in a fair use defense is “the effect of the use upon the potential market.” Since fair use is an affirmative defense, this analysis is different from determining if an infringement occurred. This myth might come from two different conflated principles. However, making money from someone else’s content can impact an infringement lawsuit. 1 Exclusive rights can be found in 17 USC §106 To prove that the plaintiff has a valid copyright, they must show that the material was 1) original with a modicum of creativity and 2) they adhered to the statutory requirements. To prove copyright infringement, the plaintiff only has to prove 1) plaintiff owns a valid copyright and 2) defendant violated at least one exclusive right. This is the most common myth I’ve seen online, but I am sad to tell everyone, a financial benefit is not an element of infringement. It is not copyright infringement if I’m not making money from it.
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Feel free to send me an email if there are any other copyright myths and assumptions that can lend to a third article. This article will focus on common misconceptions brought up by streamers and legal ways to include music on your streams. This will be Part 2 of my overview on copyright and DMCA on Twitch.