Why Do Twitch VODs Get Muted? The Copyright Conundrum Explained

Twitch VODs (Videos on Demand) primarily get muted due to copyright infringement. Twitch employs an audio recognition system that proactively scans VODs and clips for copyrighted audio. If the system detects music or other audio for which the streamer doesn’t have the necessary rights, that portion of the VOD is automatically muted to comply with copyright law and the Digital Millennium Copyright Act (DMCA). This is to protect copyright holders and avoid potential legal action against Twitch and its streamers.

Understanding Twitch’s Copyright Policy

Twitch operates under a strict copyright policy to protect artists and rightsholders. The platform’s stance is clear: streamers are not allowed to use copyrighted music or audio in their streams or VODs without proper authorization. This authorization can come in the form of a license from the copyright holder or by using royalty-free music that grants permission for commercial use.

The reason behind this strict policy is straightforward: copyright law protects creators. When someone creates a piece of music, they automatically own the copyright to it. This gives them the exclusive right to copy, distribute, and publicly perform their work. Using copyrighted music without permission infringes on these rights and can result in legal repercussions.

The Role of the Audio Recognition System

Twitch’s audio recognition system, often referred to as its copyright detection system, is a crucial component in enforcing its copyright policy. The system scans VODs and clips after they’ve been created, identifying copyrighted audio based on a vast database of known songs and audio tracks.

When a match is found, the system automatically mutes the portion of the VOD containing the infringing audio. This measure helps Twitch avoid potential DMCA takedown requests and lawsuits from copyright holders.

Consequences of Copyright Infringement

The consequences of violating Twitch’s copyright policy can be severe. Streamers who repeatedly infringe on copyright laws may face the following:

• Copyright Strikes: A strike is issued against the streamer’s channel for each instance of copyright infringement.
• Account Suspension: Accumulating multiple strikes (typically three) can lead to a temporary or permanent suspension of the streamer’s Twitch account.
• Legal Action: Copyright holders can pursue legal action against streamers who repeatedly or egregiously infringe on their rights.

How Streamers Can Avoid Muted VODs

There are several ways streamers can avoid having their VODs muted due to copyright infringement:

1. Use Royalty-Free Music: Royalty-free music is music that streamers can use in their content without paying royalties to the artist or rights holder each time it’s played. There are many platforms and services that offer royalty-free music libraries.

2. Obtain a License: Streamers can obtain a license from the copyright holder to use specific songs in their streams and VODs. This usually involves paying a fee for the right to use the music.

3. Use Music Streaming Services Approved for Streaming: Some music streaming services have agreements with Twitch that allow streamers to use their music without fear of copyright strikes. Check the terms of service of each service before using it on stream.

4. Create Original Music: If streamers have musical talent, they can create their own original music for their streams and VODs. This eliminates the risk of copyright infringement entirely.

5. Use the Twitch Soundtrack Library: Twitch provides its own library of licensed music specifically for streamers to use in their streams. This library is constantly updated with new music and is a safe option for streamers.

6. Fair Use: The “fair use” doctrine allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. However, it is difficult to claim, and Twitch does not actively protect streamers who are claiming “Fair Use.”

Best Practices for Streaming Music on Twitch

Here are some best practices for streaming music on Twitch without running afoul of copyright law:

• Always Err on the Side of Caution: If you’re unsure whether you have the rights to use a particular song, it’s best to avoid using it altogether.
• Keep Records of Your Licenses: If you’ve obtained licenses to use specific songs, keep records of these licenses in case you need to prove your right to use the music.
• Stay Up-to-Date on Twitch’s Copyright Policy: Twitch’s copyright policy is subject to change, so it’s important to stay up-to-date on the latest rules and guidelines.
• Use Twitch’s Tools to Protect Yourself: Twitch offers tools such as the Advanced Audio Mixer, which allows you to exclude specific audio sources from your VODs and clips while still hearing them live during your stream.

The Importance of Ethical Content Creation

Ultimately, avoiding muted VODs comes down to ethical content creation. Streamers have a responsibility to respect the rights of copyright holders and to ensure that they are not using copyrighted material without permission. By following the guidelines outlined above, streamers can create engaging and entertaining content without putting their channels at risk. If this is the type of content you find interesting you should check out the Games Learning Society or GamesLearningSociety.org for similar articles and resources.

Frequently Asked Questions (FAQs)

Here are 15 frequently asked questions about Twitch VOD muting, designed to provide additional valuable information:

1. Can I play copyrighted music on Twitch if I mute the VOD?

No, muting the VOD after streaming copyrighted music doesn’t absolve you of copyright infringement. Twitch’s automated system still scans VODs. Even if muted, copyright holders can still file a DMCA takedown request, potentially leading to a strike.

2. How do streamers get away with playing music on Twitch?

Some streamers utilize royalty-free music, obtain explicit licenses from copyright holders, use approved music streaming services, or have not yet been caught by the copyright detection system. However, relying on simply not being caught is a risky strategy, as Twitch’s system continues to improve.

3. Can I listen to Spotify while streaming on Twitch?

You can listen to Spotify, but you cannot legally broadcast the music to your viewers without the appropriate licenses. Playing Spotify through your stream violates copyright laws and can lead to your VODs being muted or your channel receiving a strike.

4. Are Twitch VODs gone forever after a certain period?

Most Twitch Partners, Prime, and Twitch Turbo users have their past broadcasts saved for 60 days before being deleted. All other broadcasters have their past broadcasts saved for 7 days before they are deleted. Saving your favorite clips is a good practice, but remember to be mindful of music copyrights when creating them.

5. Can Twitch still see deleted VODs?

Once a VOD is deleted from Twitch, it is generally no longer accessible to viewers. However, Twitch may retain deleted VODs for internal purposes, such as investigations related to violations of their terms of service.

6. Do muted streams count on Twitch?

Yes, a muted stream still counts as a view on Twitch. Whether a viewer mutes the video player or the browser tab, they are still counted as a viewer as long as the live video is playing.

7. How do I play music on a stream but not in VODs?

Twitch’s Advanced Audio Mixer allows you to exclude specific audio sources from your VODs and clips while still hearing them live during your stream. Enable the “Exclude this source from Clips & VOD” setting in the audio settings for the music source.

8. What happens if you play copyrighted music on Twitch?

Playing copyrighted music on Twitch can result in copyright strikes against your channel. Three strikes can lead to permanent account termination. Twitch also reserves the right to take down streams and VODs containing infringing material.

9. How do you DJ on Twitch without copyright issues?

To DJ on Twitch without copyright issues, use music from DJ pools that offer licenses for streaming, use royalty-free music, or obtain explicit permission from the copyright holders of the tracks you play.

10. Can you play lofi music on Twitch?

Yes, you can play lofi music on Twitch as long as you have the appropriate licenses or use royalty-free lofi music. Many platforms offer lofi music specifically for streamers, providing safe options for background music.

11. Why are some Twitch streamers allowed to play copyrighted music?

No Twitch streamers are allowed to play copyrighted music without permission. Those who do are technically violating copyright law and risk receiving strikes or takedowns. Some might be using it unknowingly, or haven’t been caught by the automated system yet.

12. Does Twitch own my content?

Twitch’s terms of service do not impose limitations on the copyrights of streamers but do grant the platform control over the content broadcast on the platform. You retain ownership of your content, but Twitch has the right to use and distribute it.

13. Can Twitch detect copyrighted music?

Yes, Twitch employs an advanced audio recognition system that scans VODs and clips for copyrighted audio. This system is designed to identify unauthorized music and automatically mute the affected portions of the VOD.

14. Is there a way to watch old VODs that have been deleted?

Once a VOD has been deleted from Twitch, it is generally no longer accessible. However, some streamers may archive their VODs on other platforms like YouTube or Vimeo. You could reach out to the streamer directly to see if an archive exists.

15. Are there any free music options I can use without risking VOD mutes?

Yes, there are many platforms offering free royalty-free music suitable for Twitch streams. These include YouTube Audio Library, Free Music Archive, and various websites dedicated to providing copyright-free audio. Always double-check the licensing terms to ensure the music is free for commercial use.