@shortbread
at least twitch promise that they wont do the copyright detection for live streaming (for now).
but from my understanding, all of that are in grey area of law?
Not really. You purchase a music license in order to listen to the music. You don't buy it for public broadcast. This is pretty easy to understand when you look at the radio - radio broadcasts have to pay for every play of a song. If it were free to broadcast, they'd just buy a CD and be done with it. This extends to any performance. Any use of a piece of music in a theatre production, for example, should be licensed.
from the remix, and fair use perspective,
Fair use doesn't cover free use. You can't use a song as a background track for your video without licensing it. I don't know how YouTube handles it. Are those links to soundtracks added by the uploader, or magically detected?
Sony itself are a big company that maybe... can strongarm the copyright holder?
Ha ha ha ha ha! the copyright companies are the embodiment of obsessive evil. They lack all reason and sense and are damned hypocrites too, with recorded examples of lifting people's work without seeking copyright.
so currently, copyright holder can just throw take-down request
Yep. But as I understand it the Digital Millennium Whatnot act means that anyway. Even game footage can be taken down as a copyright infringement. It also doesn't need any proof. The person who feels copyright has been violated puts in a request and it's taken down, and then people argue about it. However, it's pretty obvious when some is using a piece of content, so it's just a matter of proving one had the right to use it.
It's also worth noting that covers are copyright violations, and all those kids on YT singing their favourite songs to the camera could have their vids pulled. That sort of action is considered more trouble than it's worth.
With sony power, maybe they can make it "innocent until proven guilty" and copyright holder that falsely acuse for 3 times will get banned for life (company are considered as person in U.S.).
It's not that complicated. If you have a piece of music you like that you bought, and play it in the background of a video, whether on YouTube or Twitch or whatever, you are technically in copyright violation (unless the service somehow has arranged some licensing deal). Whether the publishing companies will want to put a stop to that sort of thing or not, I don't know.
One solution would be something like Spotify, where you can't play music MP3s directly but you can combine with a streamed copy of the song for which a license fee is paid. Or the MP3 source is recognised and Sony or whoever pays a fee, and then slaps advertising over the feeds to pay for it.
