Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

Twitch suspends DragonForce guitarist Herman Li for playing his own music

happymag.tv

Post reply on HN
Print view View original

21–30 of 129 posts

Re: Twitch suspends DragonForce guitarist Herman Li for playing his own music

#21

Post by est31 »

dafoex wrote: post #19
paranorman wrote: post #4

Earlier quoted context omitted.

Are you implying he owns the copyright?

I think they are implying that public domain works are attacked globally because a company thinks they own it in one country. Take Happy Birthday, for example: in the UK it is considered a traditional song and is therefore public domain, but in the US there are no such protections against copyright and therefore Time Warner thinks they own it.

> in the US there are no such protections against copyright and therefore Time Warner thinks they own it.

I don't think even they think that anymore:

> On June 28, 2016, the final settlement was officially granted and the court declared that the song was in the public domain

https://en.wikipedia.org/wiki/Happy_Birthday_to_You#Copyrigh...

Re: Twitch suspends DragonForce guitarist Herman Li for playing his own music

#22

Post by lostcolony »

Spivak wrote: post #16
whimsicalism wrote: post #9

Earlier quoted context omitted.

So absurd that an original performance of a copyrighted song is an infringement.

Why? You’re literally talking someone else’s song and reproducing it. You just have to ask the copyright holder for permission and then you’re good. It’s how the whole world of covers work.

In the US, you don't need permission. You DO have to pay a fee (royalties; pretty sure nothing upfront). It's a compulsory license.

Re: Twitch suspends DragonForce guitarist Herman Li for playing his own music

#23

Post by learc83 »

Spivak wrote: post #16
whimsicalism wrote: post #9

Earlier quoted context omitted.

So absurd that an original performance of a copyrighted song is an infringement.

Why? You’re literally talking someone else’s song and reproducing it. You just have to ask the copyright holder for permission and then you’re good. It’s how the whole world of covers work.

In the US you don’t need to get the copyright holder's permission to record cover songs, you need to pay for a mechanical license. In the case of live performances you don’t need to get permission directly. The venue is the one that pays royalties to a handful of groups that have agreements with thousands of artists.

Re: Twitch suspends DragonForce guitarist Herman Li for playing his own music

#24

Post by dafoex »

clircle wrote: post #2

Well, did he just write the songs or does he own the copyright? The former isn't enough to make this a wrongful suspension.

This is a fair point, though. Just because you're the producer doesn't mean you're the owner. Book authors often go to publishing houses to get their book published, in which case the author has little control over their work. Also, commissioned works are usually copyright to the commissioner or other employer, that's why Doctor Who is copyright to the BBC, not Steven Moffat.

Re: Twitch suspends DragonForce guitarist Herman Li for playing his own music

#26

Post by jagged-chisel »

kodt wrote: post #20
Spivak wrote: post #11

I really don’t see how this is news. Automated system that matches song samples and can’t possibly know if a steamer went and licensed the copyrighted music on their stream trips on hearing copyrighted music. The banhammer falls automatically because there are so few cases (like this one) of legitimate usage requiring the content to be restored. Like if anyone on HN was tasked to design a system to protect your compa…

More evidence that automated systems like this should not be used.

I don't think it's the automated detection that's a problem. It's the "you cannot object, you have no recourse, you cannot reply, you cannot show your license, and when we decide this has happened enough times, you cannot use our platform" that's the problem.

Re: Twitch suspends DragonForce guitarist Herman Li for playing his own music

#29

Post by mnd999 »

zinekeller wrote: post #14
yokoprime wrote: post #7

Earlier quoted context omitted.

Yes

The problem is that Universal is the owner of the copyrights (including the lyrical and syncronisation copyrights), and this is DMCA we're talking about. This would end up differently in Europe or UK (the original authors are irrevocably entitled to some percentage of the revenue, typically 5%) but DMCA is based on American laws (which do not have these protections).

Right but surely his recording contract with Universal would allow him to perform his songs.

Re: Twitch suspends DragonForce guitarist Herman Li for playing his own music

#30

Post by zinekeller »

mnd999 wrote: post #29
zinekeller wrote: post #14

Earlier quoted context omitted.

The problem is that Universal is the owner of the copyrights (including the lyrical and syncronisation copyrights), and this is DMCA we're talking about. This would end up differently in Europe or UK (the original authors are irrevocably entitled to some percentage of the revenue, typically 5%) but DMCA is based on American laws (which do not have these protections).

Right but surely his recording contract with Universal would allow him to perform his songs.

In a commercial context?
Post reply on HN