Twitch, Amazon slammed by RIAA and major industry groups for using unlicensed music


Twitch has been slammed for providing streamers with the use of songs while neglecting to strike deals with all three major music labels as well as many publishers and other rights-holders, and lacks other rights on the songs it has licensed. — Bloomberg

LOS ANGELES: Twitch, the rapidly growing livestreaming platform, and its owner Amazon received a blistering letter on Thursday signed by multiple major US music organisations including the RIAA, the Recording Academy, the National Music Publishers Association, the Music Managers Forum, the American Association of Independent Music, SAG-AFTRA and more than a dozen others over its lack of licensing deals with many major music rights-holders.

The letter is addressed to Amazon founder/CEO Jeff Bezos, with Twitch CEO Emmet Shear on copy (a full list of signatories appears below).

The letter, obtained by Variety, accuses the service of failing to secure proper synch and mechanical licenses for its recently launched Soundtrack tool, as well as “allowing and enabling its streamers to use our respective members’ music without authorisation, in violation of Twitch’s music guidelines”, among other claims.

“Twitch appears to do nothing in response to the thousands of notices of music infringement that it has received nor does it currently even acknowledge that it received them, as it has done in the past,” the letter continues.

While Twitch announced a new tool called Soundtrack earlier this month that provides streamers with the use of licensed music for millions of songs from certain independent labels, the service lacks deals with all three majors as well as many publishers and other rights-holders, and lacks other rights on the songs it has licensed.

The Covid-19 crisis has boosted streaming on Twitch, which delivered some five billion hours of livestreamed content in the second quarter of 2020, up 83% year over year, per a report by Streamlabs and Stream Hatchet. As lockdown has paralysed the concert industry, many artistes have turned to Twitch as a platform for livestreamed concerts, DJ sets and other broadcasts involving copyrighted music. The service, which was acquired by Amazon in 2014 for US$970mil (RM4.04bil), is expected to top 40 million US users by 2021, according to eMarketer forecasts.

“We represent artistes, songwriters, musicians, vocalists, managers, producers, audio engineers, major and independent labels and publishers, and many other professionals in all genres of music in the United States,” the letter begins. “We read with interest Twitch’s recent announcement regarding its Soundtrack tool. According to Twitch, this tool gives Twitch’s users the ability to feature a curated library of licensed music in their livestreams.[1] We appreciate that Twitch has acknowledged that it is good business to offer licensed music for use by its streamers, and we welcome that Twitch has started to enter into some agreements with rightsholders to provide licensed music for use by its streamers.

“However,” the letter continues, “we are confounded by Twitch’s apparent stance that neither synch nor mechanical licenses are necessary for its Soundtrack tool. We are also deeply disappointed that Twitch continues to allow and enable its streamers to use our respective members’ music without authorisation, in violation of Twitch’s music guidelines.[2] We are further concerned that Twitch continues to host and widely make available unlicensed music on its platform despite the company’s announcements, most recently in June 2020, that it would remove such unlicensed music.[3] Twitch appears to do nothing in response to the thousands of notices of music infringement that it has received nor does it currently even acknowledge that it received them, as it has done in the past.”

Reps for Twitch and Amazon did not immediately respond to Variety’s requests for comment.

Twitch’s Soundtrack partners include SoundCloud, CD Baby, EMPIRE, Create Music Group, UnitedMasters, DistroKid, Westwood Recordings, Dim Mak, Nuclear Blast, Chillhop Music, and the artist mxmtoon, among others. It apparently has not struck a deal with the indie label collective Merlin.

“Further,” the letter continues, “we are concerned by your responses to questions regarding licensing made during the House Judiciary Committee hearing on July 29, 2020. We note that you failed to confirm whether Twitch has acquired any licenses to make copies of musical compositions or digital performances of any sound recordings on your platform. You also failed to state what action Twitch is taking to prevent unauthorised copies and performances.

“Twitch’s neglect of the fundamental rights of musicians, songwriters, sound recording artists, and many others whose music is exploited on Twitch without due compensation stands in stark contrast to Twitch’s competitors and to the support of such interests extended by Amazon’s own Amazon Music services.”

The letter then references another letter, sent to Amazon and Twitch by the Artist Rights Alliance collective in August, which cites Bezos’ testimony during a House Antitrust Subcommittee hearing on July 29. The chief exec, who is the wealthiest person in the world, was asked by Rep. Kelly Armstrong (R-N.D.) whether Twitch allowed users to stream unlicensed music. Bezos claimed he didn’t know the answer and would investigate.

“We were appalled... by your inability or unwillingness to answer even the most basic question about Twitch’s practices in this regard,” the ARA letter says.

Thursday’s letter concludes: “As Twitch uses music to grow its audience and shape its brand, the company owes creators more than the willful blindness and vague platitudes you offered during your Congressional testimony. For working songwriters and performers, fair royalties on a growing platform like Twitch can literally be a matter of life and death – the difference between having a place to live and homelessness and having access to health care or being uninsured. For others it’s the difference between being able to work as an artiste or having to give up a lifetime of dreams.”

We hope you appreciate the gravity of the situation and will take proactive efforts to ensure that unlicensed music is not available on Twitch.

Sincerely,

American Association of Independent Music

Americana Music Association

Artist Rights Alliance

Church Music Publishers’ Association

Christian Music Trade Association

Global Music Rights

Gospel Music Association

International Bluegrass Music Association

Living Legends Foundation

Music Managers’ Forum – US

Nashville Songwriters Association International

National Music Publishers’ Association

Recording Academy

Recording Industry Association of America

Rhythm & Blues Foundation

SAG-AFTRA

Songwriters of North America

SoundExchange – Variety/Reuters

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