Music Licensing and Permission for Twitch Streamers

Many musicians and content creators wonder about the specific steps they need to take when their songs are played on Twitch. This article aims to clarify the intricacies of registering songs with a Performing Rights Organization (PRO) and the implications for Twitch streamers. We'll also delve into the requirements for obtaining and proving permission for use on this platform.

What is a Performing Rights Organization (PRO)?

A Performing Rights Organization (PRO) deals with the licensing of songs and the collection of royalties whenever a song is publicly performed. Registering your songs with a PRO ensures that the organization handles the licensing and royalty collection on your behalf.

Permissions and Licenses: What's the Difference?

While some streamers might believe they have the green light to use your music based on direct permission from you, the intricacies of permission versus license are crucial. Here are the key differences:

Oral vs Written Consent: Oral permission is easier to give and harder to prove. Written consent is more formal and easier to prove in court. Explicit vs Tacit Consent: Explicit permission means the person has explicitly said 'yes' to using the music. Tacit permission might be inferred, but it's not as solid. Public vs Personal Use: Playing music as background for personal enjoyment is different from publicly performing it as part of a stream. Public performance often requires a license due to copyright infringements.

Twitch and Streamer Licensing Requirements

Twitch, like YouTube, has strict policies regarding the use of unauthorized music. Here's what streamers need to keep in mind:

Monetization Programs: Over 95% of monetization programs do not allow unauthorized music in streams. Streamers must obtain proper licenses to avoid penalties. Permission Documentation: Written permission from the copyright owner is ideal. If challenged, streamers must be able to show proof of this permission.

Additional Considerations and Legal Advice

It's important to note that legal aspects can be complex. While I can provide guidance based on previous experience, it's always advisable to seek legal counsel for specific legal issues. Here are some additional points to consider:

PRO Registration: If you've registered your music with a PRO like BMI or ASCAP and haven't sold the rights, written consent from you (as the sole owner) should be sufficient. DMCA Complaints: Online content creators are less likely to face DMCA complaints if you are the sole owner and are filing complaints yourself. Clarification on Terms: The term 'PRO' might be misunderstood. It stands for Performing Rights Organization, which deals with music licensing and royalties.

Conclusion

Registering your songs with a PRO and obtaining explicit written permission from you (as the copyright owner) for public performance can alleviate some of the legal concerns for Twitch streamers. While this guidance is based on past experiences, it's crucial to consult legal expertise for tailored advice.