Twitch handed out 24-hour suspensions after last night’s Democratic debates
Art Law

Twitch handed out 24-hour suspensions after last night’s Democratic debates

Illustration by Alex Castro / The Verge Last night, Mychal “Trihex” Jefferson was one of three influential gamers banned from Twitch for 24 hours because he live-streamed the second Democratic debate. Although he understands why he was banned, he says he thought providing commentary was fair use — and that he thought it was important to make gamers realize how much politics matter. Twitch has an ongoing problem with people streaming copyrighted content. Like every other platform, Twitch is subject to the Digital Millennium Copyright Act, or DMCA, which was passed in 1998. Essentially, it protects platforms from liability when their users upload copyrighted material, provided they take action to remove the offending content. Fair use, on the other hand, is a legal doctrine that allows for unlicensed use of copyrighted material in some cases, provided that the new work in question is transformative. (There are four factors that are considered in making the determination of whether a work is protected under fair use.) Criticism and comment are generally both covered under fair use . Because CNN was hosting the second debate, they owned the rights to the entire production; they sent a takedown notice to Twitch, which then […]

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