Copyright and Fair Use in Podcasting and Streaming

Hi, this is John Delancey and you are listening

to the GeekCast Radio Network. You are tuned

in to Steve Megatron on AlterGeek. Hello and

welcome to alter geek I'm your host Steve Megatron

and joining me on this adventure into geekdom

is TFG1 Mike. Hello Hello, and today we'll be

covering well We'll be discussing what to do

and not to do when streaming or recording a podcast

for that matter Yes, so I'm probably gonna change

the title of the post so it's probably not gonna

be what it is currently, but I needed a placeholder

for this episode of Altered Geek, and the title

I did was streaming copyrighted material, period,

period, period, no, no, no, exclamation point,

exclamation point. It's probably gonna change,

but as podcasters, we've learned over our time

not to put in two hours of audio into a podcast

that isn't your audio, bonus DVD, bonus feature

material stuff. And if you're going to review

something as a YouTube channel, you should have

yourself in the largest part of the screen and

the material if you're going to show it in the

smallest part of the screen, because you can

then say, hey, I'm reviewing this. It's a commentary.

Yeah, it's a commentary, it's a this, it's a

that, it's a whatever. And I don't understand

these Twitch, like, I'm not a Twitch person.

Me neither. I don't have anything against it.

I'm just not on that. I can count on one hand

the two people, maybe three, that I have gone

on Twitch to see. TV's Mr. Neil and he's done

some stuff. Mike Laidman when he's done some

stuff maybe Sully from used to work at Funko

Chris Sully maybe I would go on and see his stream

but most of the time they were you know like

with the case of Mike and Neil they're doing

gaming commentary or they're you know what I

mean they're not just streaming a show to show

their audience and I'm like Seriously, so I'm

gonna read this just to get the information out.

This is from Kotaku Pokey main I assume is the

name. Yeah, I You know, okay, she receives first

twitch ban, but it's only temporary One of twitch's

biggest and most popular streamers with over

8 .5 million followers was banned from the platform

Saturday night while streaming the cartoon avatar

the last airbender. Let me stop Is this show

not streaming anywhere from Nickelodeon or from

whoever owns it? Is it not on DVD? It's on a

streaming service, but I think that if it's dubbed,

they have a very, very, and I could be wrong

of who does it, but a lot of the dubs, they have

a very strict policy. Okay. The ban is temporary,

according to her, but is a sign that Twitch is

growing TV meta, quote unquote. is probably going

to cause further problems for big and small streamers.

Again, I don't know, maybe we shouldn't even

be talking about this because I don't understand

everything about Twitch. I thought it was the

next thing for gamers, for gaming. Well, it's

essentially turned into the next YouTube because

people can stream, but they also just kind of

talk like there's variety streamers, there's

people that do just... podcast or conversations

or people that do let's plays. There's people

that, you know, they just they can stream really

anything under the sun. And it's owned by Amazon.

Avatar is is by Nickelodeon. Now, yeah. So the

the pickle here is Amazon has a very like in

Twitch has a very strict streaming policy. And

I think it kind of ties in with Amazon music

and various other things. So. If so, like, for

instance, Facebook, they recently came out and

said, if your podcast, like if you're syndicating

your podcast on their platform, they'll just

deplatform you for not having or for having copyrighted

music in it. Mm hmm. Like there's no notice.

They just deplatform you and there's no appeal.

And so like some of these like if you're going

to if you're going to do a commentary. Tell them

what episode you're watching do a countdown and

go from there Like don't don't You know have

a conversation with it, but don't don't actually

stream it That's that's part of the problem is

you know you don't own the rights, and you know

that's a lesson. We've all learned going through

podcasting, but If you're gonna go through all

that don't Think that even with millions of viewers

you're gonna get away with it Yeah, cuz again

if people really want it like I don't understand.

Okay, so I'm looking further in this You know

stream featured live shot of her reacting In

the corner of a full -screen broadcast of episodes

from the show Okay, so I when I first read this

article I said I'd message you and said if she

had flipped it and made herself the what the

full screen and the little corner thing the show

i could kind of see it because again you're going

on you know commentary kind of thing but i don't

know why you would i i don't understand Originally

when you sent me this story I thought it was

she was just streaming it to stream it not that

she was commenting on anything on it Just like

hey guys hang out with me and let's watch blah

blah blah You know almost every streaming service

specifically Netflix because I will say that

because I know they have this Netflix has hangouts

or Netflix has watch parties or something where

you like if you and I wanted to watch Oh No Transformers

prime before it leaves Netflix I Go on my Netflix.

I send you a watch party and thing link and we

could watch it together Without streaming it

live to the rest of the world. Like I I don't

know. Maybe I'm talking up my ass here folks,

but this is just ridiculous. I Got nothing Yeah

I don't know. Yeah, there's definitely there's

definitely grounds that you can be busted and

in trouble for it. So, like, it's not worth taking

the risk. Yeah. And I don't I don't buy that.

She didn't realize what she was doing. Like,

like, I know all of the copyright stuff getting

flat nowadays. I know all of us don't read all

of the, you know, service and terms of service

stuff. But you would think. especially with how

popular, literally, can GCRN have just a quarter

of her 8 .5 million followers? I'll take a quarter

of that for our podcasts, just to have people

notice us kind of thing. But over the years,

as we said earlier, less and less and less on

clips. On Studio 2009, if we're reviewing a movie,

I will put a trailer in there and I will cite

fair use because I will say, hey, we're reviewing

the thing. And most trailers, most of the trailers

I get are maybe 30 seconds to just over a minute

30. And it's not that whatever, you know, but.

You know look at our top 100 transformers characters

countdown most of the clips that are in that

are like literally 15 to 20 second audio clips

from characters Kind of thing and most shows

I don't even throw in stuff Sometimes I do most

times I don't but if I do it's not you know whole

episodes or That kind of thing or you know I've

learned and we've gotten several things over

the years saying, hey, don't do this, or hey,

don't do that, or whatever, and we either stop

doing it or we cut back on whatever. For me,

it's more about the conversation with the person

I'm podcasting with. It is not about putting

it like, yes, do I want to ... for when Optimus

Solo and I eventually review the Netflix She

-Ra show on Powers of Grayscale series. Yes,

I'm going to grab small clips, but they are 30

seconds or less. And again, I will cite review

because we're discussing a show. However, if

Optimus Solo and I are doing origins of toy collecting

or whatever, I may throw a toy commercial in

there, but most toy commercials are 30 seconds

or less. I'll throw an intro and an outro. Like,

if people listen to the last episode of Altered

Geek and they listen to this episode of Altered

Geek, most likely I am only throwing in the intro

and outro that you own that you are, you know,

supposed to be able to use. I'm probably not

going to put any clips in these shows. So it's

just us talking. It's just us going back and

forth about this. And I don't do... video streaming

and I will say this again I actually tried so

with the Google Pixel 6 Pro and the YouTube app

that's on there and whatever it was like oh would

you like to stream your game to your YouTube

channel like oh that's that's new I've never

been able to do that before sure let's try it

so I open let's say Minion Rush because I've

been playing Minion Rush for years now on my

phone on whatever phone I've had and let's stream

it. So I figure, oh, it'll just be my audio,

you know, me talking as I'm playing the game

and it'll stream the game. Now I don't have the

music turned on. I have the sound effects turned

on on this game, which it's just, you know, the

minions yelling or screaming or bumping into

something or whatever. I didn't realize that

also there's a little window in the corner that

shows my big Head of hair and beard. I'm like,

oh Hi, I guess I'm actually being streamed like

I don't know So I don't do all this stuff. Like

I tried it. I thought it was kind of fun kind

of cool I didn't even publish the video on YouTube.

I actually deleted it before You know, because

they give you the option after you're done streaming,

would you like to save this? Would you like to

publish it? Would you like, you know, whatever?

And I just deleted it because it didn't, like

nobody showed up. Like I wasn't expecting it.

I was just trying something new that I hadn't

done before kind of thing. But with some, with

people that have that much of a following, find

a way to do content that doesn't get you in trouble.

Even if it's just a temporary ban, still, you

don't want to get in trouble. I don't know. It's

just... I don't know. We live in a world where

you have to be careful and that just seems like

something that they just blatantly didn't care.

And I could be wrong, but with the amount of

stuff that pops up in the news over copyright

stuff, you would think... Yeah, they would know

so I don't know. We've definitely learned our

lesson over the years. Oh, yeah, so yeah, yeah,

so So what do you guys think? Do you prefer when

they show the video? Do you do you think that

it's okay for them to get zapped for it? Do you

think that it's? Something where you know, it's

it should be kind of a fair use with commentary

with showing it even though they're basically

giving away the whole show for free or do you

think that they should just do the timer thing

and then say, hey, we're going to watch this

and have a commentary and then just do it. Yeah.

So let us know. I watched several streamers and

I watched several. So here's the thing. I watched

this YouTube account called Longplay Archive

and they just do long plays of like I'm in the

middle of watching Metal Gear Solid from 1998.

And the person who's doing it isn't just he's

not doing a commentary over it. He's just playing

through the game. And, you know, I I guess that's

OK on YouTube. I don't know. I know that another

one. I follow the rad Brad. Now, Brad actually

does commentary over his games. He actually does

talk with the audience and things like that.

And he says various things. And I've watched

a lot of his stuff and I actually would love

to interview him one of these days because. When

like the new spider -man games came out I was

like, ooh I'd like to see that even though I

know I'll never be able to play it because number

one I don't have a system to play on it and number

two. I just don't think I'm that good anymore

so, you know, I go when I watch these things

and So far YouTube hasn't had them, you know

taken down or anything or whatever. So I don't

know it's a whole thing Yeah, it's all kinds

of weirdness and whatever and different companies

or whatever. So yeah, what do you guys think

about? the streaming stuff and what streamers

do you watch? So let us know in the comments.

Let us know on Twitter at Altered Geek for the

show at Geekcast Radio for the network. I am

at TF2 and Mike, what is your Twitter, sir, or

are your Twitters? At SCP 21 and at Steve Phillips

Bo. Without further ado, get Altered Geeky with

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don't.