Don't Starve Soundtrack in VODs on Twitch.tv?

[MizYin]

Super quick question, one I normally would pose to the Klei support guys, but I want whatever the answer is to be seen in a public case, JUST in case.

 

With Twitch implementing a VOD Content ID matching system, people are seeing game VODs muted for in-game audio, not just things like the radio stations in GTA, but even NES games, and noticeably Crypt  of the NecroDancer, despite those not being claims from the studios/companies in question.

 

I pose the question to you, Klei staff, do you guys use the Audible Magic matching stuff? Like, I'm not going to get my VOD flagged for having the game soundtrack playing, am I? Additionally, I bought the soundtrack when I bought the game, and REALLY love it. Would you guys consent to it being in my stream's playlist while I played another game, say, Minecraft? Provide the Golden Rules are followed, ie, the link back, credit, etc?

[ExoticCharm]

If I'm not mistaken, the rules currently only apply to archived videos.  I didn't think actual streams were affected.

[MizYin]

If I'm not mistaken, the rules currently only apply to archived videos.  I didn't think actual streams were affected.

An archived video is a Video On Demand, or VOD. That is indeed what the new rules apply to. I'd like to not have my past broadcasts muted!

[JoeW]

Hey there,

There are a couple changes that twitch.tv announced. First, the muting of copyrighted audio, and then takedown of VOD after 14/60 days depending on your status as a streamer.

As far as I am aware, that whole process is entirely up to twitch.tv. We have no involvement in that at all.

You can find our policies on using our games in streams and videos here: http://www.dontstarvegame.com/player-creation-guidelines

So yeah, stick to the golden rules and we're happy.

We are happy to have players showing off their love for our games, thanks for your love!

[ExoticCharm]

Ah, I see. 

 

Well hopefully you get an official response.  If not, then I should point out that music is a tricky subject in games and movies.  Though Klei owns the rights to use the music, I would find it unlikely for them to actually own the rights to the music themselves unless someone on their staff made it.  Maybe that's the case, but I usually don't see that happening with smaller titles.  That stuff typically gets outsourced.

 

My point is that whoever owns the music is the person to talk to.  Klei seems like a group of easy-going people that wouldn't mind, but something tells me it's not their decision whether the music it's part of Audible Magic or not.

 

Edit: I see we got a reponse.  According to the terms of service:

 

"You may download information, images, artwork, text, video, audio, pictures and other materials from the Game to the extent necessary to access and use the Game for the purposes of this Agreement.  However, you must not otherwise copy, reproduce, republish, post, transmit, display, perform, distribute, modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create any derivative work from any of those materials or any other portion of the Game without our prior written approval."

 

This looks fairly standard, so I take this to mean that normal streams of Don't Starve are fine since you are using in-game assets for the game that was intended.  However, using Don't Starve music in another game would be considered "posting" or "transmitting".  Obviously, developers sometimes look the other way, like with mod support.  That's because they still own and control the game.  Klei doesn't own Twitch, so I wouldn't use DS music on other games just to be safe.

[MizYin]

Yup, so as for if I'll get tagged, it won't be from Klei, seems like, and probably not a good move to put it in my playlist for other games as background music. Fair and reasonable terms! <3 This is why I love you guys.

[the truthseeker]

Thank you Klei for your support. other companies..not so much.