Table of Contents

How to Play Music on Twitch Without DMCA Issues: A Streamer’s Survival Guide

Want to spice up your Twitch streams with music but terrified of the dreaded DMCA takedown? You’re not alone! Navigating the murky waters of music licensing on Twitch can feel like defusing a bomb, but fear not. The core strategy is straightforward: only use music you have the explicit right to use. This means either owning the music outright, obtaining a proper license for commercial use on Twitch, or utilizing music from a DMCA-safe library. Simplicity itself, right? Let’s dive deep into the details and unlock the secrets to a musically vibrant, DMCA-free stream.

Understanding the DMCA Threat on Twitch

The Digital Millennium Copyright Act (DMCA) and Twitch

The Digital Millennium Copyright Act (DMCA) is a US copyright law that protects copyrighted material online. Twitch, like any other platform hosting user-generated content, is legally obligated to comply with the DMCA. This means they must remove content that infringes on someone else’s copyright, including music. When a copyright holder identifies unauthorized use of their music in a Twitch stream, they can issue a DMCA takedown notice. Twitch, in turn, sends this notice to the streamer, who must then remove the infringing content to avoid penalties, which can range from a suspension to a permanent ban.

The Consequences of DMCA Infringement

The consequences of ignoring DMCA notices can be severe. Twitch operates on a three-strike system. Receive three DMCA takedown notices and your account is permanently banned. Furthermore, even if you avoid the permanent ban, frequent notices can tarnish your reputation as a streamer and negatively impact your community. Beyond Twitch, copyright holders can pursue legal action against you directly, potentially leading to substantial financial penalties.

Safe Music Options for Twitch Streamers

Royalty-Free Music Libraries

Royalty-free music isn’t necessarily free music. It means you pay a one-time fee (or subscription) for a license that allows you to use the music without paying ongoing royalties to the copyright holder. These libraries are a fantastic resource for streamers. Some popular options include:

Pretzel Rocks: Designed specifically for Twitch and YouTube streamers, with a vast library and easy Twitch integration.
Streambeats: Created by Harris Heller, Streambeats offers a substantial library of DMCA-safe music, categorized by genre and mood.
Epidemic Sound: A popular choice with a subscription-based model, offering a wide range of high-quality music. Be cautious: their license requires an active subscription. If you cancel, you can no longer legally use their music in your archived content.
Artlist: Similar to Epidemic Sound, Artlist provides a subscription-based service with cinematic and high-quality music. Again, pay attention to their specific licensing terms.

Music Licensed for Commercial Use

Some artists and labels offer licenses that specifically permit commercial use of their music, including streaming on platforms like Twitch. This can be a more expensive option than royalty-free libraries, but it allows you to use specific tracks you love. Always carefully review the terms of the license to ensure it covers your intended use on Twitch, including monetization and archived streams.

Original Music

The safest and often most rewarding option is to create your own music. If you compose, record, and own the copyright to the music you use, you don’t have to worry about DMCA issues. Alternatively, you can commission music from a composer and obtain the necessary rights to use it on Twitch.

Twitch Soundtrack

Twitch Soundtrack is a built-in tool that provides a curated library of licensed music specifically for Twitch streamers. The music is completely free to use while streaming, and importantly, it’s separated from your stream VODs and clips, so you don’t have to worry about DMCA takedowns on your archived content. However, the selection is limited, and it requires specific setup within OBS Studio or Twitch Studio. It is being deprecated as of May 2024, and is being replaced with a new Twitch extension system for licensing and safely playing music.

Implementing a DMCA-Safe Music Strategy

Choosing the Right Music Library

When selecting a royalty-free library, consider the following:

Library Size and Variety: Does the library offer a wide range of genres and styles to suit your stream’s needs?
Pricing: Compare subscription models and licensing fees to find the best value for your budget.
Licensing Terms: Carefully review the terms of the license to ensure it covers commercial use on Twitch, including monetization and archived streams.
User Interface and Search Functionality: Is the library easy to navigate and search for specific types of music?
Integration with Streaming Software: Some libraries offer direct integration with OBS Studio or other streaming software, simplifying the process of adding music to your stream.

Proper Attribution

Even with royalty-free music, it’s essential to properly attribute the artist and the music library as required by the license. This usually involves displaying the artist’s name and the name of the track on your stream overlay or in your stream description. Failing to provide proper attribution could lead to a license violation, which could result in a DMCA takedown notice.

Monitoring Your VODs and Clips

Regularly review your VODs and clips for any potential copyright infringements. Even if you’re using DMCA-safe music, a song might be misidentified by Twitch’s automated systems. If you find any copyrighted music, remove it immediately to avoid a DMCA takedown notice. Many streamers use tools to automatically mute sections of their VODs that contain copyright claims.

Utilizing MuteMe and VOD Track

These are audio channels configured inside of OBS. Streamers will route their microphone and game audio to all channels, but the music to only one of them. This audio channel is called the VOD track, and is disabled during the live stream so that your viewers do not hear the music. Instead, they only hear game audio and commentary. The next step is to download the Twitch MuteMe browser extension. During the stream, this browser extension will mute the VOD track for the streamer’s own viewing, while the viewers continue to hear the live stream. This allows the streamer to monitor the sounds and have fun, while keeping the VODS silent. This can prevent DMCA takedowns on the archived stream.

Frequently Asked Questions (FAQs) about Music on Twitch

1. Can I play copyrighted music on Twitch if I give credit to the artist?

No. Giving credit to the artist does not give you the legal right to use their music. Copyright law requires explicit permission or a license to use copyrighted material, regardless of attribution.

2. What if I purchased the music on iTunes or Spotify? Does that mean I can play it on Twitch?

No. Purchasing music on iTunes or subscribing to Spotify grants you a license for personal listening, not for commercial use or public performance. Streaming on Twitch constitutes a public performance, so you need a different type of license.

3. Can I use music if I’m not making money from my Twitch stream?

Whether you are making money through subscriptions, bits, or ads, streaming on Twitch still constitutes a commercial use, because it could be used for purposes like building brand loyalty. This means that copyright law still requires explicit permission or a license to use copyrighted material, regardless of your earnings.

4. What happens if I get a DMCA takedown notice?

Twitch will send you a notification about the DMCA takedown notice. You’ll need to remove the infringing content immediately (usually the VOD or clip in question) and submit a counter-notification if you believe the notice was issued in error and you had the right to use the music. However, do not submit a false counter-notification.

5. Can I appeal a DMCA takedown notice?

Yes, you can appeal a DMCA takedown notice if you believe it was issued in error. You must have a valid legal reason for your appeal, such as having a valid license to use the music or believing that the takedown notice was based on a misidentification. Consult with legal counsel if you’re unsure.

6. Is it safe to use music from YouTube’s Audio Library on Twitch?

The YouTube Audio Library offers music that is free to use on YouTube, but check the license for each track to see if it allows for commercial use outside of YouTube, including on Twitch. Some tracks may have restrictions.

7. What’s the difference between royalty-free music and public domain music?

Royalty-free music requires you to purchase a license (often a one-time fee or subscription) to use the music. Public domain music is not protected by copyright and is free for anyone to use without permission or payment. Public domain music typically consists of older works whose copyright has expired.

8. How can I find out if a song is copyrighted?

Determining whether a song is copyrighted can be tricky. Generally, if a song was created within the last 70 years, it’s safe to assume it’s copyrighted. You can also search online databases like the U.S. Copyright Office records, but these databases may not always be complete or up-to-date.

9. Is it okay to play music quietly in the background of my stream?

Even if the music is quiet and barely audible, it can still trigger a DMCA takedown notice. Copyright law protects the entire song, not just the prominent parts.

10. What are Twitch extensions for DMCA safe music?

Twitch Extensions are third-party add-ons that enhance the streaming experience. Twitch is planning to release extensions related to DMCA safe music. These extensions will help identify, credit, and license music, potentially automating some aspects of music management. This is the future and Twitch is deprecating Soundtrack in favor of this system.

11. Can I use cover songs on Twitch?

Cover songs are tricky. While you might be able to perform a cover song, the underlying composition is still copyrighted. To legally stream a cover song on Twitch, you need a license for both the composition and the performance. Obtaining these licenses can be complex and expensive.

12. Are there any exceptions to copyright law that allow me to use copyrighted music on Twitch?

Fair use is a legal doctrine that allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, and research. However, fair use is a complex and fact-specific analysis, and it’s unlikely that simply playing music in the background of your Twitch stream would qualify. Don’t rely on fair use as a blanket exemption.

Navigating the world of music licensing on Twitch can seem daunting, but with the right knowledge and tools, you can create a musically rich and DMCA-safe streaming experience. Always err on the side of caution, research your options thoroughly, and prioritize obtaining the necessary rights to use the music you love. Happy streaming!