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Using Twitch streamer names in songs

Darksider

Junior Member
#1
Hello. I am a Romanian singer-songwriter, and I discovered a Russian Twitch streamer with a cool channel name. That name is also her surname. Since I don't speak Russian, I cannot understand what she is saying in that stream. However, I imagined her in a fantasy setting as a princess in a kingdom. After that, I started working on a song based on this idea, about a character that has the same surname. If I release the song, may I get in trouble ?

Also, I have seen that there are multiple people in the world that have her surname. If I upload the song on YouTube, then say in the description that I named that character after a streamer, may the other people with her surname be less likely to sue me if certain parts of the song happen to match their life ? (demonstrating that I was writing about them). Is the streamer itself more likely to issue a video strike or this actually grants me more protection ?

And another thing - if in the future I write another song about a streamer that has a different channel name than the one in real life (let's say a nickname), may I get in trouble for trademark infringement or other reasons ?

And, in all these cases, could making the songs non-profit allow me to avoid some legal troubles or it doesn't matter ?
 

Darksider

Junior Member
#3
Ok. Still...I think that there might be some international things about these laws. Also...in the second point, some streamers might be from the USA. What these streamers could do in such a case ?
 

quincy

Senior Member
#4
Hello. I am a Romanian singer-songwriter, and I discovered a Russian Twitch streamer with a cool channel name. That name is also her surname. Since I don't speak Russian, I cannot understand what she is saying in that stream. However, I imagined her in a fantasy setting as a princess in a kingdom. After that, I started working on a song based on this idea, about a character that has the same surname. If I release the song, may I get in trouble ?

Also, I have seen that there are multiple people in the world that have her surname. If I upload the song on YouTube, then say in the description that I named that character after a streamer, may the other people with her surname be less likely to sue me if certain parts of the song happen to match their life ? (demonstrating that I was writing about them). Is the streamer itself more likely to issue a video strike or this actually grants me more protection ?

And another thing - if in the future I write another song about a streamer that has a different channel name than the one in real life (let's say a nickname), may I get in trouble for trademark infringement or other reasons ?

And, in all these cases, could making the songs non-profit allow me to avoid some legal troubles or it doesn't matter ?
There is nothing that prevents someone from filing a suit against you over your song lyrics, even if the suit has no merit and regardless of where you reside.

If you write about a specific identified or identifiable individual, you run a risk. If the identified/identifiable individual takes exception to what you have written (because the content is defamatory, perhaps, or threatening), you might find yourself in court having to defend your lyrics.

You can look online for the suits filed against rapper Eminem, this to get an idea of how plaintiffs have fared when suing writers/composers over the content of their songs (as a note: the plaintiffs do not fare well in the US).

With that said, laws vary in significant ways from country to country, with lawsuits over song lyrics offering different defenses depending on the country where the suit is filed.

I do not see you being sued successfully over lyrics that merely use the surname of someone you do not know and have never met, this even if your lyrics were inspired by the person's online image. You could show your lyrics (and what you ran across online that inspired them) to a lawyer in your area of the world for a better assessment of your legal risks.

Good luck.
 
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Darksider

Junior Member
#5
There is nothing that prevents someone from filing a suit against you over your song lyrics, even if the suit has no merit and regardless of where you reside.

If you write about a specific identified or identifiable individual, you run a risk. If the identified/identifiable individual takes exception to what you have written (because the content is defamatory, perhaps, or threatening), you might find yourself in court having to defend your lyrics.

You can look online for the suits filed against rapper Eminem, this to get an idea of how plaintiffs have fared when suing writers/composers over the content of their songs (as a note: the plaintiffs do not fare well in the US).

With that said, laws vary in significant ways from country to country, with lawsuits over song lyrics offering different defenses depending on the country where the suit is filed.

I do not see you being sued successfully over lyrics that merely use the surname of someone you do not know and have never met, this even if your lyrics were inspired by the person's online image. You could show your lyrics (and what you ran across online that inspired them) to a lawyer in your area of the world for a better assessment of your legal risks.

Good luck.
Thank you.