Kick: The new streaming portal and the legal challenges for streamers

Introduction

At a time when online streaming is gaining popularity and becoming an integral part of many people’s daily lives, as a lawyer specializing in media and Internet law, I have observed that new platforms are popping up. One of these new platforms is Kick. During my research, I found that Kick is actually almost a carbon copy of Twitch in terms of user interface.

It quickly became clear to me that it’s crucial for streamers who want to be active on Kick to understand and consider the legal aspects, especially if they’re already streaming on other platforms like Twitch and have marketing contracts that don’t mention Kick.

In this article, I will take a closer look at Kick as a streaming portal, with a special focus on the legal aspects that need to be considered when streaming on Kick. This will include issues related to exclusivity clauses, copyright, and navigating marketing contracts.

My goal is to provide streamers who want to grow their audience and become active on Kick with a sound understanding of the legal challenges they may face. As an attorney, I offer insight and advice to ensure streamers can pursue their passion without taking legal risks. If you are a streamer who is considering becoming active on Kick, or if you are already streaming and want to make sure you are on the right legal track, then this article is for you.

What is Kick?

Kick is an online streaming portal that provides streamers with a diverse platform to showcase live content in various categories such as gaming, entertainment, education and more. The range of categories allows streamers to express themselves creatively and target different audiences.

As with other streaming services, Kick offers opportunities for monetization, including advertising, subscriptions, and viewer donations. What’s particularly interesting is that Kick Streamers gives you the opportunity to combine different monetization options to generate a sustainable income.

However, it’s important to note that as a new player in the streaming landscape, Kick may not immediately have the same reach as established platforms. Streamers who want to take the plunge and become active on Kick should therefore be strategic, for example by leveraging their existing followers on other platforms and using targeted marketing efforts to strengthen their presence on Kick.

Also, it is advisable to carefully read and understand Kick’s terms of use, as they may differ from those of other streaming services. This is especially relevant when it comes to copyrighted material used in streams.

As a new platform, Kick also has the potential to introduce new features in response to user feedback. This could make the platform more attractive to streamers and create new opportunities for audience interaction.

Overall, Kick represents a promising alternative in the world of online streaming that streamers can use to expand their reach and create new revenue streams. However, a careful and strategic approach is essential to effectively exploit the opportunities that Kick offers.

Legal aspects of streaming on Kick

Exclusivity clauses and cross-platform streaming

If you’re already active on Twitch and plan to stream on Kick in addition, you should pay special attention to the exclusivity clauses in your contracts. Many streaming platforms, including Twitch, often have exclusivity clauses in their partner and affiliate agreements. These clauses can prohibit streamers from streaming their content simultaneously on multiple platforms or from republishing it on another platform within a certain period of time after the initial release.

It is therefore crucial to read and understand the terms of the contract carefully. If there is any ambiguity, I strongly recommend seeking legal advice. As an attorney, I have often found that many content creators are not fully aware of the scope of such clauses and thus run the risk of violating their contracts.

In addition, streamers should keep in mind that violating an exclusivity clause can have serious consequences, such as termination of partner status, loss of revenue or, in the worst case, legal action from the platform.

Another aspect to consider is the content distribution strategy. If exclusivity clauses don’t allow content to be streamed on both platforms at the same time, you could consider creating different content or formats for each platform, or time-shifting the content.

It is also advisable to be transparent with your own audience. Let your followers know what you’re doing on both platforms and encourage them to support you on Kick when you post new content there.

In conclusion, it is essential to take a cautious and informed approach when expanding your streaming activities to multiple platforms. Knowing the terms of your contract and having a well thought-out content strategy are key to getting the most out of your presence on Twitch and Kick without taking legal risks.

Marketing contracts

Furthermore, streamers may have marketing agreements that list certain platforms by name but do not mention Kick. In such a case, it is advisable to seek legal advice to clarify whether streaming on Kick could be considered a breach of the marketing agreement. It is also advisable to check the contract for general clauses that could refer to streaming on unnamed platforms.

As an attorney who specializes in media law, I often see the importance of being proactive. It may be wise to contact the marketer directly to discuss the possibility of extending or modifying the contract. Adding Kick as an approved platform in the contract could be a win-win by opening up new opportunities for reach and monetization.

Also note that there may be clauses in some marketing contracts that require you to agree to changes in the platforms on which you stream. This means that even if Kick is not explicitly mentioned in the contract, implied consent to use new platforms could be required.

It is also advisable to consider the impact on brand image. If you’re a streamer who has built a particular brand or image, you should consider whether adding buzz to your portfolio is in line with your brand image.

In conclusion, it is essential to be careful when navigating marketing contracts, especially if you are considering streaming on a new platform like Kick. A thorough review of contract terms, in consultation with legal counsel if necessary, and open communication with marketers are critical steps to ensure you can successfully expand your streaming activities without violating contractual obligations.

Copyright and Content ID

As on other platforms, you should be careful not to use copyrighted content on Kick without permission. This includes music, videos, pictures and other media. Kick, like other platforms, may use content ID systems or similar technologies to detect copyrighted content and act accordingly.

It is important to understand that the use of copyrighted materials without the proper license or consent of the copyright holder may result in legal consequences. This can range from a simple removal of the content to legal action and claims for damages.

As a lawyer, I strongly advise streamers to inform themselves in advance about the legal framework for the use of copyrighted content. It can be useful to purchase licenses for music and other media that you want to use in your streams. There are also platforms and libraries that offer royalty-free music and media specifically designed for use in online streams.

In addition, it is advisable to look into Kick’s specific policies regarding copyright. Some platforms have their own agreements with music labels and other content providers that allow streamers to use certain content under specific conditions.

It is also important to be proactive when it comes to potential copyright infringement complaints. If you are a streamer and receive a notification of alleged copyright infringement, I recommend that you act immediately and, if necessary, seek legal advice to determine what steps can be taken to resolve the issue.

Kick and gambling/casino?

An interesting development has recently emerged in the streaming world. Many casino streamers who were previously active on Twitch made the jump to Kick following Twitch’s casino/gambling/iGaming ban. Notable names such as Roshtein, TrainwrecksTV and Xposed are among those who have switched to Kick, with TrainwrecksTV even taking on an advisory role to Kick¹.

Kick allows streamers to upload recorded video game sessions as well as live footage of online casino sessions for viewers to watch. The platform also offers streamers more freedom to create their content and a higher revenue share compared to Twitch. A full 95% of the revenue a streamer generates through subscriptions, as well as 100% of the money donated through so-called “kicks” from fans, goes directly to the streamer. Kick also attaches great importance to fairness and transparency and tries to make it clear in its T&Cs what is allowed and what is not.

However, it is important to note that streaming or advertising casino or gambling content in Germany is regulated by the State Gambling Treaty (GlüStV). Even if you switch to Kick because Twitch has banned gambling, you should be aware that the GlüStV prohibits advertising gambling in Germany. As a streamer, you should therefore thoroughly investigate the legal framework regarding gambling content and, if necessary, seek legal advice to ensure that you do not violate any laws or regulations. Certain “marketing gimmicks” to engage users are also sometimes inadmissible in Germany. So just because Kick supposedly allows such things, it doesn’t mean that a streamer in Germany will run afoul of laws or authorities as a result.

Conclusion

Streaming on Kick can be an exciting way to reach new audiences and monetize content. However, it is important to be aware of the legal obligations associated with streaming on multiple platforms. Streamers who already have contracts with platforms like Twitch or marketing agreements should be especially careful and consider the implications carefully.

If you intend to switch from Twitch to Kick, you should take into account that certain casino or gambling content as well as gambling marketing activities may be prohibited in Germany. The State Treaty on Gaming (GlüStV) regulates the advertising of gambling in Germany. Therefore, it is essential to thoroughly understand the legal framework and ensure that you are not violating any laws or regulations. If in doubt, it is advisable to seek legal advice to minimize potential risks.

In addition, streamers who already have contracts with platforms like Twitch or marketing contracts should carefully review the terms of the contract. Exclusivity clauses, in particular, can place restrictions on streaming on other platforms like Kick. It is important to know the exact terms and to seek legal advice, if necessary, to ensure that you are not in breach of contract.

Copyright is another important aspect that streamers should keep in mind. Use of copyrighted content without proper permission may result in legal consequences. Platforms like Kick can use content ID systems or similar technologies to detect copyright infringement and take action. It is therefore crucial to carefully review your own streams and only use content for which you have the necessary rights and licenses.

In a rapidly changing online world, it’s important to stay informed and act responsibly to make the most of the opportunities offered by platforms like Kick without risking legal consequences. By reviewing contracts, complying with legal requirements, and treating intellectual property with respect, streamers can successfully operate on a variety of platforms and realize their passion for streaming.

Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.