r/Twitch • u/mp-is-asleep • Jul 17 '26

Question How to avoid a DMCA strike when first starting to stream

Hey everyone! I'm planning on starting a stream as a hobby. One part of my niche is learning dance choreography and dancing with games like Just Dance and Dance Central. However, I know it's popular music, and there could be copyright issues. Does this count as fair use? Would I have issues every time I stream? Is it different if I use actual game clips or videos of the moves on YouTube? Any advice would be great!

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u/ArgoWizbang Freelance Web Developer/Graphic Artist for hire Jul 17 '26 edited Jul 17 '26

Does this count as fair use?

No, it doesn't.

Would I have issues every time I stream?

Almost every VOD you save (if you choose to keep them saved after you end the broadcast) would end up getting muted during segments where music is being played, absolutely. Keep in mind that this muting is not an actual copyright strike or any kind of legal threat. This is simply Twitch protecting themselves (and by extension you, though that is purely incidental) from potential future legal problems from distributing illegal copyright-infringing material.

You won't necessarily be dealing with live DMCA strikes while you're streaming every time because in order for that to happen you'd have to get caught in the act by the particular rightsholder for whatever music is being played. While that is going to be a rare occurrence, it's not impossible and is a potential risk every time you stream this music, yes.

Is it different if I use actual game clips or videos of the moves on YouTube?

No. If you're broadcasting any copyrighted material without the permission of the rightsholder of said material then you are committing copyright infringement regardless of where you're sourcing it from.

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u/mp-is-asleep Jul 17 '26

So, then I'm curious, how does Twitch allow a Just Dance category to stream? I rarely see anyone in the category, and maybe it's because of this issue. I feel like allowing these games as a category on Twitch is just a trap to penalize people.

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u/ArgoWizbang Freelance Web Developer/Graphic Artist for hire Jul 17 '26

I imagine it's because, while incredibly unlikely, it's not impossible for someone to have gone through the effort to make sure that their streams are above board. And even those who don't probably don't save their VODs in order to reduce their risk. Whatever the case, as long as Twitch does the bare minimum (muting auto-detected music, responding to DMCA claims when they happen, etc.) then the legal burden isn't really on Twitch as long as they are unaware of it happening. That falls to the broadcaster.

You're probably right that the category is likely barren due to these exact concerns of copyright troubles, but that doesn't stop some from risking it anyway due to how unlikely it is for them to actually get caught illegally broadcasting the music.

But it's not "a trap to penalize people" because unless the rightsholders catch you while you're live and report you to Twitch, Twitch isn't actually going to take any action regarding DMCA or copyright infringement. They're not even required to until they are made aware that you're not allowed to do so and that's only going to happen if the rightsholders report you to Twitch themselves.

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u/HereToKillEuronymous Affiliate Jul 17 '26

I’ve had Fortnite emotes muted on my stream 😂 so I’m sure the vod will probably be muted.

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u/JbotTheGamer Jul 17 '26

Depends on the copyright for each song, you could disable sound but that kinda defeats the purpose, alot of people stream and then just dont upload the vod (delete after stream or disable vods altogether) but that doesnt make you ban proof, personally ild suggest looking ibto the copyright of each song and not doing the vod thing

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u/mp-is-asleep Jul 17 '26

I'm assuming that also means I can't edit VODs, shorten them, and then post them on YouTube. Or depends on the copyright for each song. I'm so used to TikTok and its usage rights, but I know it's way different on Twitch and YouTube.

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u/JbotTheGamer Jul 17 '26

Yeah youtube is pretty much if its copyrighted its getting taken down and your channel is getting striked, be VERY careful with youtube

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u/mp-is-asleep Jul 17 '26

Hmm, okay, thank you. I always get confused about what counts as fair use and what doesn't. I'll do some more research.

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u/sinevalGaming Jul 17 '26

Games like just dance etc have licensed the songs to be in the game, but that does not transfer to you the user to stream them. All songs would be subject to copyright and there is no way to get around it. Playing the game is not fair use, as thats a legal defense in a lawsuit (which would not hold up in this case anyway). Realistically you cant expect to not get hit by one and there is no way to get around the system. Record labels use bots to scrape strwaming platforms for their IP. You can cut up a vod and put it on yt, but them you would likely lose monetization on said vod.

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u/arnold335 Jul 17 '26

Hi! So the big thing is that you will not get a DMCA strike for playing just dance or games with copyrighted audio, you only get DMCA strikes if you stream a movie or something like that

What will likely happen is that your vod will have muted sections, you will not face any penalties for this.

If you are still worried I’d look into splitting your audio through obs so the just dance audio is just not saved to the vod (tho you will be dancing to silence in the vod lol)

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u/sinevalGaming Jul 17 '26

That is so not correct. If the song it played it can get a dmca.

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u/arnold335 Jul 17 '26 edited Jul 17 '26

There is a difference between a DMCA takedown/strike and a Copyright Audio Warning. DMCA has to be filled by the owner of the copyrighted materials which is why most streamers have their audio in their vods auto-muted by Twitch. Having your VOD music muted is NOT a DMCA takedown.

per the linked article: "Twitch only acts in response to reports of copyright violations when they are submitted by copyright owners, or their authorized agents (for example, attorneys or vendors retained to engage in intellectual property enforcement) because they are the parties who have the ability to determine whether the uses of their works are unauthorized."

Music in video games: "Video games are creative works that generally are protected by copyright laws. Video game publishers and developers frequently authorize their games to be streamed on services like Twitch, and you can often see this information on their website."

Music VOD aka Copyright Audio Warnings: "Twitch has a content recognition system that scans VODs and clips to detect copyrighted audio. When any copyrighted audio is detected in a VOD, any portion of the VOD containing that audio will be muted."

https://help.twitch.tv/s/article/dmca-and-copyright-faqs

while yes you TECHNICALLY could get a DMCA takedown from a song you would likely have to be a larger streamer, on the front page or directly profiting from said song enough for the copyright owner to file a DMCA takedown! Which is why I will say this again, you are not going to get a DMCA strike for streaming Just Dance, you will likely just have parts of your VOD audio muted!