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Twitch suspends DragonForce guitarist Herman Li for playing his own music

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

#51

When will platforms start to be charged for their mistakes? Pretty sure if they had to make financial compensations for their mistakes, they would start using humans more often to support this crap automated system. You would start to see more people being able to reach human support, getting human replies, etc. Would be pretty easy - for each day without reply, fine X. For X day of suspension, fine Y. And so on. If…

This is driven by overly cautious attorneys. Twitch has obviously been attacked by some rights holders so they over compensate in an effort to protect themselves from future legal challenges.

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

#52

When will platforms start to be charged for their mistakes? Pretty sure if they had to make financial compensations for their mistakes, they would start using humans more often to support this crap automated system. You would start to see more people being able to reach human support, getting human replies, etc. Would be pretty easy - for each day without reply, fine X. For X day of suspension, fine Y. And so on. If…

> When will platforms start to be charged for their mistakes? When they start to charge their customers. I know I’ll get downvoted first this, but this kind of thing happens because each user in general is earning them cents and the the only way to enforce their policies is to do it on mass with automation and review by a human if the person complains (and then often rushed and not very well). Although some large acc…

In this case with Twitch, the person needing the support is the partnered streamer, who is earning them substantially more than cents.

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

#53
post #12

Earlier quoted context omitted.

Copyright doesn't cover live performances, this would be ASCAP licensing or something similar though it seems if he's "playing his own music" then none of the above should apply.

Copyright law does cover live performances. ASCAP is an agency which enforces copyright on live performances.

Just so people aren’t misled - ASCAP is a not-for-profit, it isn’t a government agency. I think a more accurate word for it is “cabal” since most people don’t know much about them and that they often work against (IMO) the public interest.

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

#54
post #37
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.

Music copyright is complicated and there are certain rights that attach to each performance vs. the music. If I sit down and play Bach that recording cannot be copied without my permission but you can sit down and record your own performance of Bach.

But if you wrote something today and recorded

I would need a license to print your words.

A license to use your exact song if longer than 7-15 seconds.

A license to perform a cover if it sounds the same.

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

#55
post #37
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.

Music copyright is complicated and there are certain rights that attach to each performance vs. the music. If I sit down and play Bach that recording cannot be copied without my permission but you can sit down and record your own performance of Bach.

But can you sit down and record your own performance of Dragonforce?

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

#56
post #40
post #24

Earlier quoted context omitted.

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.

SFWA standard terms are the author grants US publishing rights, not the entire copyright. https://www.sfwa.org/2009/07/05/model-contract-hardcover/ Authors should never sign anything worse then that.

That would still cover the right to publish in US territory.

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

#57

When will platforms start to be charged for their mistakes? Pretty sure if they had to make financial compensations for their mistakes, they would start using humans more often to support this crap automated system. You would start to see more people being able to reach human support, getting human replies, etc. Would be pretty easy - for each day without reply, fine X. For X day of suspension, fine Y. And so on. If…

You make them pay by abandoning them as a customer. Stop streaming. Stop watching.

Fining businesses who make mistakes is a dangerous path. That means anyone new to the industry who tosses up their first project is open to getting fined if they make a mistake. It also means there is either some organization in charge of being the watchdog for the industry with power to just apply fines to companies as they see fit... or we are doing this via lawsuits which just means cranking up litigation to absurd levels.

No, it is better to pressure businesses via our own choices to only patronize those who treat their customers and subscribers well. We talk about it all the time on here - stop using Facebook, stop using Google, find alternatives that match your ideals.

We need to truly embrace those types of grassroots change if we want to drive behavioral changes.

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

#58
post #41

All these comments and not one of how awesome Herman Li is? Even if you are not at all into the type of music he plays (though, come on, shredding and video game sounds!) I think there's quite a virtuosity to be appreciated. Plus he tries (not sure how that fits with record companies) to let people use his music as they want.

Has he gotten better live? I remember his older live shows he could be a real drunken sloppy mess compared to the album recordings. I was fairly disappointed seeing them live.

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

#59

I'm naturally concerned about this because my brother in law has a regular, ongoing streaming music show/channel on Twitch with live and pre-recorded bands (most of them local to the SF bay area). He's putting a lot of effort into it: professional-level sound engineering and lighting (his day job is a recording engineer/producer and, pre-covid, stage lighting engineer), multiple camera shoots with dollys and booms an…

he should stop working for such a tyrant

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

#60
post #13

Just to point it out this was back in Oct at the height of the DMCA stuff* I believe. Not to say it makes it any better but I can see how they might have been trigger happy at the time. I opened this article "Again?!" * Ooh I've ended up on the top. For context to people not in and around Twitch the RIAA woke up and started handing out DMCAs like it was going out of fashion. Twitch naturally had to respond to the DMC…

> Ooh I've ended up on the top. For context to people not in and around Twitch the RIAA woke up and started handing out DMCAs like it was going out of fashion. Twitch naturally had to respond to the DMCAs to keep fair harbour and the masses misdirected their anger at Twitch for a while. I don't think they've stopped either, CDPR had to issue a warning to streamers to keep the music muted, because there are bits of li…

Yeah I've heard (But I don't know the source) that they're investing in tech to assist in takedowns of live content too.

Inb4 streamers start baiting RIAAbots to inflate their view count

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