I don’t share it much, but I’ve been fighting cancer since 2017. When visiting St. Jude in 2019, I saw a young child with the same cancer I have. It was heartbreaking.
But every year gaming comes together to fight against cancer-and that gives me incredible hope for the future.
I reviewed
#DnD
’s proposed Open Gaming License 1.1, and
was asked to share my thoughts as a intellectual property/gaming lawyer. It’s generally awful for creators and fans alike. So -
Let’s take a minute to talk about D&D’s Open Gaming License (OGL).
I reviewed the new Monetized Streamer Agreement from
#Twitch
. There's some significant changes to how the Partner program works, and some significant drawbacks for creators.
So- Let’s take a minute to talk about Twitch's new Monetized Streamer Agreement.
I reviewed WotC's draft Open Game License 1.2, and was asked to share my thoughts as an intellectual property/gaming lawyer. It's better than OGL 1.1, but still needs work. So-
Let's Take a Minute To Talk About
#DnD
's Updated Open Game License (OGL 1.2).
Overturning Roe v. Wade means that, per SCOTUS, there is no “right to privacy” under the 14th amendment of the US Constitution. The right to privacy supported many landmark decisions in the last 49 years. Half a century of the US’s constitutional framework is in jeopardy.
These DMCA notices are legit and apply to your old content. I've received word that live takedowns may be implemented very soon - this is the beginning.
Don't play music you don't have the rights to, and if you have questions, speak to a lawyer.
Wizards of the Coast has placed SRD 5.1 under the Creative Commons Attribution 4.0 International License (CC BY 4.0).
What does that mean? Let's break it down:
Over the past few weeks you, the community, have made your voices heard. And we’ve listened. OGL 1.0a will remain untouched AND the entire SRD 5.1 is now available under a Creative Commons license.🧵
@RammJaeger
Hi. Lawyer here. SCOTUS didn’t affirm the Texas law. They actually said their decision is not based on the constitutionality of the law, just technicalities of whether enjoining is proper at this time. In fact, the law is flagrantly unconstitutional.
Misleading clickbait title. This makes offering a service to illegally stream music or movies punishable by a felony (ex: streaming version of Napster). It does NOT make music in the background of your streams punishable as a felony offense.
You can still get a DMCA though.
I reviewed the Branded Content Guidelines from
#Twitch
, and they're generally awful for content creators, sponsors, and fans alike. So -
Let’s take a minute to talk about Twitch's new Branded Content Guidelines.
I can confirm what
@DMDave_official
says here. Our firm is working together with him,
@griffons_saddle
, and others to form a TTRPG Creator’s association to ensure that every creator can retain control of their story.
More to come.
@DnDBeyond
@Wizards_DnD
Folks - make sure you provide informed feedback:
▪️Don't revoke OGL 1.0a
▪️Make OGL 1.2 truly irrevocable & royalty-free
▪️Give creators a right to defend against bad-faith morality clause claims
▪️Don't suppress VTTs
▪️Use a standard severability clause
I reviewed WotC's draft Open Game License 1.2, and was asked to share my thoughts as an intellectual property/gaming lawyer. It's better than OGL 1.1, but still needs work. So-
Let's Take a Minute To Talk About
#DnD
's Updated Open Game License (OGL 1.2).
Twitch's new Branded Content Guidelines are going to begin affecting creators as of July 1, 2023.
These guidelines appear to be arbitrary and will affect existing and ongoing sponsorships at a time where sponsors have already pulled back investment.
Initial thoughts🧵here:
Twitch has new Branded Content Guidelines.
- On-stream logos are limited to 3% of screen size.
- Burned-in video Ads are NOT allowed.
- Burned-in Display Ads are NOT allowed.
- Burned-in Audio Ads are NOT allowed.
#TwitchNews
#TOSgg
An update from
#WotC
about the future of the OGL.
In summary: an apology, but not a walk-back. They will be moving forward with an OGL update. Let's chat through this.
Looked at a few of these DMCA emails, they don't identify the content taken down, who sent the notification, or provide an opportunity to respond to the takedown with a counter-notification as required under the DMCA. No chance to defend yourself.
Purple is looking kinda sus.
These DMCA notices are legit and apply to your old content. I've received word that live takedowns may be implemented very soon - this is the beginning.
Don't play music you don't have the rights to, and if you have questions, speak to a lawyer.
Today's law lesson:
The Constitution states Congress shall make no law “abridging the freedom of speech.” This limits the government's ability to limit your speech.
Twitter's a private company - not a government. It can regulate content as it wishes. Someone learned that today.
Combating misinformation: Twitch's deal with the NMPA is *not* a license. It does not allow you to stream the 'popular' music you want on Twitch - nor does it get rid of the threat of strikes against your channel. You can only use music you have the full rights to use.
Roe v Wade was based on the idea that the 14th amendment to the US Constitution provides a “right to privacy,” protecting women’s choice to have an abortion up to a certain point. Overturning Roe v Wade would remove this “right to privacy,” which could have massive consequences:
I do expect WotC to roll out a new OGL when they release One D&D out of its playtest and into full version. However, at that point they will hopefully be offering the community a new system and content in exchange - and more importantly, you'll have a choice to accept or not.
Right now, part of being a female in our industry means you have a toolbox that includes a list of men and companies to avoid/play nice with despite their abuse and harassment, and to know how to deal with sexual harassment and assault as part of your job. (1/5)
Looks like Toast was banned for watching Death Note on stream. Since when did getting banned due to DMCA takedowns become the new Twitch meta?
Streaming shows without licenses is copyright infringement, which can lead to serious consequences. Y’all, be smarter with your streams.
Watching tv shows and movies without a license is copyright infringement. Full stop.
The music industry may not be implementing live takedowns yet, but the film and television industry has no problem with it.
Again, this is an incredible win for the community. It ensures that the 5.1 SRD are protected for creators to use however they want (as long as they comply with basic restrictions of CC BY 4.0).
Your feedback clearly mattered.
CC BY 4.0 is a license that is 1) perpetual, 2) irrevocable, 3) royalty-free, and 4) worldwide.
As soon as WotC published SRD 5.1 under CC BY 4.0, the SRD became subject to these terms. These are at the core of what the community wanted all along.
The right to privacy from Roe v Wade has supported several other landmark decisions: adult’s right to decide medical care (& refusal of treatment), gay marriage rights, trans rights, & parent’s rights to make decisions for their families (including private & religious schooling).
The only requirements are that you attribute the work appropriately by 1) giving appropriate credit, 2) giving a link to the license, and 3) indicating if you make any changes to the work.
WotC has provided a sample attribution:
To be absolutely clear: streaming any copyrightable content without a license is technically infringement.
Yes, this includes video games.
Most devs/publishers allow broadcasters to stream their games, whether by express or implied licenses. But these licenses are revocable.
Watching tv shows and movies without a license is copyright infringement. Full stop.
The music industry may not be implementing live takedowns yet, but the film and television industry has no problem with it.
In addition, CC BY 4.0 allows you to 1) use/share the
contents of SRD 5.1 in any medium/format/manner, and 2) transform, adapt, and build upon the material in SRD 5.1 for any purpose (including as part of your business).
Life update: I am pleased to announce that I'm joining
@PremackRogers
as Senior Counsel, where I'll continue to help creators and devs with their legal needs!
I've had a wonderful adventure with the team at
@morrisonrothman
, and I'm grateful for their lifelong friendship.
And for what it's worth, the DMCA is not just a tool for the music industry. A DMCA takedown notice can be sent for any copyrighted content - this includes music, art, video, games, etc. Protect yourself and your livelihood.
It’s 2020, y’all should know that you have to DISCLOSE when you have a FINANCIAL RELATIONSHIP with a BRAND.
If you receive free product, and then mention the product, then you HAVE TO DISCLOSE, even if you think you’re unbiased or if you “weren’t asked to promote.”
USE
#AD
.
In case you’ve been under a rock today, a lot of streamers have been hit with music-related
#DMCA
notices and temporary bans on
@Twitch
. DO NOT use
#CopyrightedMusic
in your streams. I'm on the
@Pretzel_Rocks
team - check out our overview here: .
@Twitch
So in the meantime you're going to take down the guidelines that we objected to and work with us to craft better guidelines that actually accomplish what you say you meant here, right?
I'm available.
The right to privacy from Roe v Wade has supported several other landmark decisions: adult’s right to decide medical care (& refusal of treatment), gay marriage rights, trans rights, & parent’s rights to make decisions for their families (including private & religious schooling).
TwitchCon was a blast, especially with all the fantastic co-panelists, friends, community members, and Twitch staff that I was able to spend time with.
Thanks to everyone who said hello around the con! Up next,
#PAXUnplugged
.
Creators- demand transparency on your gigs from your agencies/managers, especially when they hand you a contract to sign.
Ask:
1) was this reviewed by a lawyer?
2) how is my name/image/likeness/content being used & for how long?
It’s your career, not theirs. Protect yourself.
With everything going on, please also make sure we celebrate this.
@DrLupo
&
@MrsDrLupo
have done SO MUCH GOOD for
@StJude
, as have all the
@GCXEvent
team.
Thanks to them, there's hope in the fight against cancer, and a future for the children at
@StJude
and around the world.
1 - This week WotC will be sharing a new proposed OGL for feedback, like they do with playtest materials. After that, they'll collect feedback for at least 2 weeks. This will be the most important opportunity the community has to shape the future of D&D.
3 - Also incredibly important, the new OGL reportedly will not contain a license to WotC for your works. This is an enormous win, as it allows you to maintain ownership over your story.
Removal of this right to privacy is incredibly short-sighted, dangerous, and leaves the door open to undo decades of settled decisions we rely on as a society today. It hurts both sides of the aisle. I truly hope this decision isn’t final, or that it’s quickly overruled.
Cool feature, but keep in mind:
If you play unlicensed audio (music, alerts, etc) live, you’re still infringing and it’s still illegal. Doesn’t matter if you don’t save the unlicensed audio to the VOD.
Only use audio content you have proper licensing for.
We are happy to share that we are now able to support Alternate VOD audio tracks for all users and use cases!
Stay tuned for an updated Soundtrack plugin for OBS!
The
@StJudePLAYLIVE
Summit experience never fails to create new friendships and reconnect old bonds, all over shared passion, tears, and determination to fight childhood cancer and ensure that no child dies in the dawn of life.
All the love in the world to this team. Thank you.
Holy crap. This is a huge win for the
#TTRPG
community.
Moving the SRD 5.1 under a Creative Commons license is an interesting legal move - more to come on all of this.
Over the past few weeks you, the community, have made your voices heard. And we’ve listened. OGL 1.0a will remain untouched AND the entire SRD 5.1 is now available under a Creative Commons license.🧵
I turn 32 today, and I’m still figuring out how to celebrate birthdays as an adult. 31 was a great year for me, thanks to you all.
If you want to help me celebrate, consider donating to No Kid Hungry to make sure hungry kids have food this holiday season.
Twice so far today, I had to remove the phrase "content shall not contain depictions of violence" from contracts to play/promote first person shooter games.
Agencies, managers, broadcasters, I beg you, read your contracts more closely please.
1 - For a company that is trying to claim their content distribution platform is actually a service-based tool, Twitch appears to be restricting how you can use that tool. This move actually harms their arguments that they're not a platform.
My DMs have exploded because it looks like serious music rights enforcement is coming to Twitch. I’ll be live in a few places this week to chat about the DMCA, what you can do to protect yourself against takedowns, and what resources you can turn to for future streams.
#StayTuned
Wizards is changing their plan based on community response. They're claiming the new OGL will now not include a royalty, or any license back to WotC on creator's content.
This is a HUGE win. They're still going to update the OGL, and we'll keep an eye on what comes next.
#OpenDnD
Over the past week we have witnessed an incredible outpour of passion and dedication from our community working together to protect and cultivate the inclusive environment of Dungeons & Dragons.
Please read our update on the Open Game License:
4 - However, the new OGL will prevent continued publication under OGL 1.0a. Works previously published under 1.0a may remain under 1.0a, but new works apparently have to go through the new OGL.
This article says Twitch pays “licensing fees for live performances, so if you want to perform your own cover of a Metallica song, you're in the clear.”
No, you’re not. Metallica can’t even cover Metallica on Twitch. This stuff’s complex, y’all.
A good reminder to creators:
1- Read your contracts closely.
2- Don't trust any company's word unless you have it in writing.
3- Don't assume you know what any legal term means.
When Twitch rolls out new agreements, there will likely be more changes than have been announced.
This is currently focused on 1) pay increases for voice actor and motion capture artists & 2) combatting the use of AI to replace their work opportunities.
And with new AI tools in streaming like Starpower AI, this concern could quickly spread to the streaming industry.
SAG-AFTRA Board voted unanimously to send strike authorization for the video game industry
Companies included are Insomniac, Disney, WB, Epic Games, Activision, and EA
Twitch is rolling out updates related to the mass DMCAs we've seen over the last few years. Importantly, this includes the ability for creators to track how many strikes they have on their channel and to receive DMCA notifications on Twitch itself. There's still much more to do.
2 - The company also relies on creators to exist, but is actively making it difficult for all but the most successful creators to fund their streams and self-employment. Many streamers rely on sponsored content to make ends meet, and this limits sponsorship flexibility & options.
3 - Twitch's ability to enforce this is a double-edged sword. Enforcing these guidelines requires Twitch to be able to police the content on their site- but they also rely in part on their *LACK* of ability to police their site to avoid liability for copyright-infringing content.
@lincodega
“Don’t revoke OGL 1.0a, but failing that, here’s what we need…” is the way to approach it IMO.
Reminding them that that’s the line they crossed to get us here is key, for sure, but ID’ing specific changes to the new OGL now is the best play.
2 - They include a list of materials that will not be affected by the OGL - however, we'll have to see what the new OGL says. Importantly, there will be NO royalty or financial reporting requirements. Also, the new OGL in theory will not remove VTT's ability to publish works.
If implemented, this would come through amendments to Partner contracts, or through new contracts. The last time Twitch issued a wave of contract changes, most Partners accepted without realizing - via a click-thru "Accept" when you logged into the new Partner Dashboard in 2018.
To one of the best friends I could ask for, today is a day for you to be loved on endlessly!! Happy big 30th birthday,
@MyLawyerFriend
!!! 🥳
Thank you for doing so much for me, our industry, and your close ones. You’re gonna do even bigger things. 💖🎉
@BasicallyIDoWrk
Don’t do it
@_Lonnetta
, the whole “I brought you into this world, I can take you out” thing is not, technically speaking, legal.
Laws of nature =/= laws of WA.
Remember, we can fight racism and sexism at the same time. We SHOULD. Otherwise we’re telling black women that we can only worry about a fraction of the systemic problems they face. That shows our privilege. (/thread)
PS- This certainly affect charity streams on Twitch. In many cases, charities provide kits and swag boxes (or even the opportunity to earn a tshirt), which is a form of compensation. That's why you see
#Ambassador
on many charity streams. Charities just lost advocacy tools too.
As we head to the polls tomorrow, KEEP IN MIND that ballot selfies/photos are illegal in the following states:
Florida, Illinois, Nevada, New York, North Carolina, Massachusetts, Missouri, Georgia, Ohio, South Carolina, South Dakota, West Virginia, Tennessee, and Texas.
Quick PSA: Apparently Twitch is randomly cancelling subs. If you have subs you want to keep active, check your dashboard.
Just had my 62-month subscription to
@McLaffyTaffy
cancelled for no apparent reason, and checking Twitter shows a few other users having the same issue.
I’ve been married to this smart, beautiful, caring woman for a year now. Life has never been better and today we set sail from Rome for another adventure. Happy Anniversary, Erin. I love you more every day.
Today I’m thankful for both of my families- the one I was born into & the one I’ve chosen.
It’s been a year of heartbreaking loss, but also unexpected successes. Thank you for being here with me through it all.
If you ever need a lawyer/friend, you know where to find me.
The gaming industry prides itself on being a diverse and inclusive industry, but in order to truly achieve that we have to make core changes, otherwise we are going to fail. We are failing, and we need to be better. (4/5)
People of color should not have to know how to face racial epithets and racist abuse, nor should they have to see a lack of positive representation in games. (3/5)
Twitch is clearly trying to appear more transparent with the community, but there’s at least one misrepresentation and a few admissions in just this section alone from the email sent out last night.
First up: These DMCAs are NOT the first contact from music publishing industry.
Women should not have to know how to deal with harassment and assault in order to enter this industry. They should be able enter this industry based on their own terms and use the toolboxes that make them great. (2/5)
Great thread. In addition to what Zach notes, Twitch has specifically provided two sets of instructions for DMCA takedowns- one for VODs and one for content that is live and ongoing at the time of submission.
Seems to indicate they anticipate more live takedowns going forward.
Twitch has ENTIRELY re-written their DMCA Guidelines Page.
Two BIG notes:
1. 3 stikes officially constitute a 'repeat infringer'
2. Strikes are not permanent (!!!) but kept on the account until they determine you're not a repeat infringer.
#TwitchNews
An update from
#WotC
about the future of the OGL.
In summary: an apology, but not a walk-back. They will be moving forward with an OGL update. Let's chat through this.
Here’s an article I wrote in October 2017 about this same things. It breaks down the DMCA, use of music on Twitch, and how to be safe doing it.
Same stuff, even 3 years later.
My DMs have exploded because it looks like serious music rights enforcement is coming to Twitch. I’ll be live in a few places this week to chat about the DMCA, what you can do to protect yourself against takedowns, and what resources you can turn to for future streams.
#StayTuned
Looks like Twitch is taking notice of the recent community response. I hope that this is the first step towards actually addressing the music issue, not just lip-service.
Please take everything you read in this thread/blog with a grain of salt. Twitch will protect Twitch first.
Your frustration and confusion with recent music-related copyright issues is completely justified. Things can–and should–be better for creators than they have been recently. The next few tweets will outline our plan for being better partners to creators.
Seeing this more & more. There’s more streams post-COVID and new streamers using unlicensed music. This increases awareness by labels of unlicensed music on the platform, and more DMCAs overall.
I’m always going to recommend using
@Pretzel_Rocks
for your streaming music needs.
Just a heads up... I got randomly copystrike for a clip that I didn’t even clip from 6 months ago and if I get 2 more, my channel will be terminated.
They are really cracking down on music so be careful out there. I have no idea how to even go about this now...
@AdmiralBahroo
@Gothalion
@McLaffyTaffy
Keeping in mind for the Twitterverse that this is not general legal advice: usually in these scenarios we check to see if there’s a sale or profits made of any kind, and then initiate takedowns either through the platform or through demand letters. Shoot me a DM, happy to chat!