No TL;DR here unfortunately so get your popcorn.

Twitch has recently announced the Twitch DJ Program that will explicitly allow DJing on Twitch but with a 50/50 share of the royalty fees going to the rightsholders\artists. It is an opt-in program with a different revenue share and rules for streaming and recorded content. Under this program, there are certain requirements and changes made to the channel formats that will affect a DJ’s means of performance and sharing content (or not, for that matter). One of these is no VODs/Clips/Highlights allowed on the channel. The program goes into effect some time in July/August starting with the program agreement itself and then eventually adding on a DJ category where they claim there will be opportunities for promotion.

Here are the problems I have identified with this program, based on the verbiage used in the announcements and the very-large-font information page, located here for your perusal. Feel free to follow along. Dan Clancy also held a Twitch live stream with DJ Jazzy Jeff to talk about the program and answer some questions which you can watch here. It’s just over an hour long.

The Larger Issue

First of all, there is a larger issue to be addressed when it comes to copyrighted music content in that people, not just DJs, are using music as background in their streams. This causes DMCA takedowns and strikes and whatever else the labels and rightsholders decide to do to combat the music being used in an unauthorized manner. This DJ Program does not address these concerns, and may exacerbate the issues depending on the types of arrangements made with Sony, Warner, and UMG, and the independent labels represented by Merlin, which we do not know the details of.

This program is designed to enable DJ streams, and for monetizing DJs, as it requires a revenue sharing arrangement to cover the costs associated with music used specifically in DJ streams. If most of your streaming is not as a DJ playing recorded music we recommend setting up two channels, one for your DJ performances and another for your non-DJ performances.

Twitch DJ Program Page https://www.twitch.tv/dj-program/info

Variety Streaming

Second, there are DJs on Twitch who are not solely DJs. Due to the nature of Twitch, some, such as myself, also added on other categories to stream in such as Gaming and Just Chatting. This was to add other opportunities to stream and connect with a larger user base who may like things other than what I spin as a DJ, and to provide content for other audiences. This type of streaming is called “variety streaming.” Under the new Twitch DJ Program, Twitch will allow participating channels to stream in any category for some reason. I assume a DJ channel could also do other things on stream, but none of those activities can be recorded to Twitch as VODs or shared as clips for potential discoverability. Discoverability would only be allowed within the DJ category and DJ Program related promotion incentives. A DJ channel appears to be intended to be just that – a DJ channel – and nothing else. If you have a DJ channel, it sounds like it would be a one-trick pony.

What concerns me about this is that I have spent four years building up my follower base, currently hovering around 830 followers. I have a couple handfuls of subscribers who enjoy my content, and every once in a while maybe I will get a cheer. Twitch isn’t as active for DJs (depending on individual popularity) now as it was during the lockdowns at the height of the COVID-19 pandemic, at least it isn’t for my stream. What Twitch is saying, under these terms, is that if I DJ part time, I should start a second channel essentially from 0 followers and no affiliate program backing. Twitch says they will cover 100% of royalty payments themselves while the channel is unmonetized. Once the channel reaches affiliate status, the channel will be REQUIRED to join the Affiliate program and participate in the modified revenue share covering royalties. If not, then I could no longer DJ on Twitch. My question then is why should my very small regular audience of 5-6 people (despite the follower numbers) follow me to a new channel and subscribe to that knowing that I lose out on the deal especially when they are already subscribed to what would end up being my non-DJ channel? Do you honestly think they would?

What about the time it takes simply to set up a new channel? A new icon. Putting information in your About panels under your video player. Doing graphic designs. Uploading Emotes (and pray you have instant upload enabled) once you get the permission to. Setting up channel points. Don’t get me started on setting up alerts and their variations. Doing that sucks on EVERY service including Twitch’s own Alerts. Setting up new API connections to software such as Streamelements, Lumia Stream, Chat Bots… The list goes on. It’s a massive inconvenience on top of having to regrow a new channel.

The Catalog

Third, under this program, DJs will have access to a list of music from the respective participating rightsholders that they can play on their stream. However, Twitch is telling the potential participants of this program that they cannot play things that aren’t in this list. This is the biggest issue I have identified so far.

Our program does not allow you to stream pre-release tracks (music that is not yet released to the public on a digital music service or in physical media). If you stream pre-release tracks, your channel may be subject to enforcement and penalties including termination of your stream and suspension of your channel.

Twitch DJ Program Page https://www.twitch.tv/dj-program/info

However, in the video with Jazzy Jeff, Dan Clancy claims that if you have the necessary rights to music outside of the Twitch DJ Music [Catalog], then it can be incorporated in your DJ stream. I’m not sure whether this would cover my own Skltnprnc tracks which are unreleased. What if an unknown track is detected by some automated system and my stream gets pulled while I am playing my own music?

It leaves questions about whether the smaller and more obscure artists can or cannot be played if they are not listed in Twitch’s database. This hurts DJs who spin these lesser known artists, and it hurts the lesser known artists themselves. Many DJs within the alternative genres, especially ones who may spin Synthwave or Shoegaze or other heavier industrial or industrial techno artists among others who are “underground” might not be able to be played and risk having their stream or channel pulled if Twitch employs similar detection methods to Facebook or YouTube to carry out the logging for royalty payments. This also puts my home away from home’s – QXT’s Nightclub – channel at risk inherently which streams its concurrent 3 to 6 DJs per night within the nightclub for viewing by those who are not in the local area and those who can’t make it out in-person.

This also means that music that is sent out to DJs in advance of release cannot spin the music for the sole purpose it is sent to DJs for – promotions. If it’s played, the stream would be at risk of being pulled.

This program includes music from hundreds of rights holders, including indie labels along with all of the major labels. The catalog covers a wide range of music and the vast majority of popular music across all genres. The overwhelming majority of DJs are likely to use at least some of this music in their streams, so we recommend opting in unless you are 100% certain you own or have the necessary licenses to stream all of the music you’re using. We’re always looking to grow the Twitch DJ catalog. If you’re interested in chatting with us about this, please reach out to [email protected].

Twitch DJ Program Page https://www.twitch.tv/dj-program/info

Creative Mixing

Fourth, this DJ Program does not address technological advancements or creativity within DJing – including remixes, edits, live creative mixing, scratching, sampling, looping, et cetera. Most DJs using digital music and DJ Software such as Serato DJ Pro, Pioneer Rekordbox, and Virtual DJ Pro, have access to technology that breaks apart a song and separates them into “stems” which isolate vocals, instrumentation, and drum beats. This essentially means you could live remix Take on Me’s percussion with Never Gonna Give You Up’s vocals. Why anybody would do that, I don’t know, but I’m crazy enough to try it. But not on Twitch, because it probably isn’t allowed now under the DJ Program.

Fifth, the limitation of no VODs (videos on demand), clips, or highlights takes away a big method of promotion. When I DJ on Twitch currently, I do not post them due to the fear of DMCA takedowns. Generally, the VODs get muted, but I still do not post them. If clips have detected music, the system does not post them. These recorded pieces would be disabled for channels opting into the DJ Program. Featured Clips, which were just recently incorporated on Twitch, will not even be a factor in promotion, and it means that funny or cool moments that happen on a DJ stream such as a 150 person raid would become a fleeting memory due to the differing licensing of sharing recorded content that contains these copyrighted works. This means that the upcoming DJ Category will be the only way of promotion, and as far as anybody is aware right now, that will only be effective if the channel is actively streaming. This means if something awesome happens and your audience misses out, then they missed out and there’s no going back to relive that moment. It also means that if you’re not actively streaming, there is no way for new potential followers to discover your talent and follow you. It also means that in the case of variety streamers, all other content they shared, if they choose to continue as a DJ on their primary channel, would be lost.

Here is what I propose for the issue of variety/DJ streamers

DJ Mode!

If they allow us to keep our normal variety channels as they are and enable a DJ Mode that will disable clipping and VOD saving, it would make things so much easier for us. It’s such a simple thing and I’m surprised they did not think of this as an option. This new DJ Program agreement could easily be applied to something like this. Make the program opt-in still, so that DJs can then essentially “unlock” DJ Mode. DJ Mode could then be limited to streaming within the DJ Category (those without opting in to the DJ Program would not have DJ Mode or access to the DJ Category). People who are not in the program would not have access to the DJ Category. They would also have to prevent rogue channels who are not DJs from entering the program and having access to the category. This would allow them to stream the other content they want when not in DJ Mode and have the ability to have their clips and VODs and past broadcasts for that content, but stay within the terms of the DJ Program for DJ Mode.

Unfortunately this does not address the issues of the DJ technology and creativity side of things, and the use of promotional\prerelease tracks that were sent for the purpose of being played. If Dan Clancy’s explanation on the livestream is the clarification to the latter, then great. That’s one less thing to worry about maybe. But there’s still a lot up in the air about this, and maybe I’m overthinking it? You tell me.

I’d like to see that this program is going to work in the DJs favor without stifling our creativity or freedom to share our own music and mixes in addition to getting the appropriate revenue to the rightsholders. But I see ambiguous issues here that are stifling to promotion for music artists and creativity. It fragments the audience of variety\DJ streamers and disrupts continuity of support forcing audiences to choose between two channels for the same creator – which would lead to no advancement for the DJ channel since the primary channel receives more benefit. It would double the amount of work that had to be done to set up and promote a new DJ Channel under the new agreement. There are so many questions and confusion here that I’m not inclined to say that I would continue DJing on Twitch even with this program until I have absolutely no doubts about it.