It's a common topic here in Virtual Legality, but an important one: What is Fair Use? How does it interact with the DMCA? And how does Twitch operate in such a grey area legally?

Now, popular Twitch streamer xQc has made public his fight with the Olympics and the International Olympic Committee (IOC) over such things. But why should streamers be concerned?

Bad facts make bad law, but perhaps not bad marketing...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/CLLWfhVUZ5g

#xQc #Olympics #FairUse

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CHANNEL SUPPORT

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STORE - https://teespring.com/stores/hoeg-law-store

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CHAPTERS

00:00 Introduction

01:47 xQC's Olympic Broadcast and the DMCA

05:48 DMCA Fundamentals

13:08 Fair Use Fundamentals

25:39 The IOC's Position

30:06 Largesse, Games, and Twitch

34:03 Legal Marketing

38:19 Playing Chicken with Livelihoods

41:45 Conclusion

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Discussed in this episode:

"Twitch’s most popular streamer is taking on the Olympics, for better or worse"

August 6, 2021 - Washington Post

https://www.washingtonpost.com/video-games/2021/08/06/olympics-twitch-xqc/

"I THINK I GOT MY CHANNEL LIVE-DMCA'd."

Tweet - July 28, 2021 - xQC

https://twitter.com/xQc/status/1420453104172994562

"Limitations on liability relating to material online"

17 USC 512 (DMCA)

https://www.law.cornell.edu/uscode/text/17/512

"Digital Millennium Copyright Act Notification Guidelines"

Twitch - Updated July 19, 2021

https://www.twitch.tv/p/en/legal/dmca-guidelines/

"Exclusive rights in copyrighted works"

17 USC Section 106

https://www.law.cornell.edu/uscode/text/17/106

"Limitations on exclusive rights: Fair use"

17 USC Section 107

https://www.law.cornell.edu/uscode/text/17/107

"More Information on Fair Use"

US Copyright Office Website

https://www.copyright.gov/fair-use/more-info.html

"MINECRAFT END USER LICENSE AGREEMENT"

https://www.minecraft.net/en-us/eula

"A top Twitch streamer says he was temporarily suspended after the Olympic Committee launched a copyright strike against him for broadcasting clips from the Tokyo Games"

Insider - August 4, 2021

https://www.insider.com/xqc-twitch-streamer-olympic-commitee-copyright-strike-2021-8

"We see countless DMCAs come in for our clients"

Twitter Thread - August 1, 2021 - Video Game Attorney

https://twitter.com/Morrison/status/1421985544104337408

"They should be."

Twitter Thread - August 8, 2021 - Hoeg Law

https://twitter.com/HoegLaw/status/1424348574649888772

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"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:

https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

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Twitter: @hoeglaw

Web: hoeglaw.com