Streaming video games, that is, live broadcasting playing video games on the internet, is incredibly popular. Millions tune into twitch.tv daily to watch eSport tournaments, their favourite streamer, and chat with other viewers. But all is not rosy in the world of streaming games. Recently, some game developers have aggressively exercised their copyright to, firstly, claim part of the streamers’ revenue, and secondly, control the context in which their game is shown. The article analyzes whether game developers have, and should have, such rights under EU copyright law. Reaching the conclusion that video game streams infringe the game developer’s right to communicate their works to the public, I argue that freedom of expression can and should be used to rein in their rights in certain cases. Subjecting the lawfulness of streams to game developers’ good will risks stifling the expressions of streamers. The streamers, their audience, and even the copyright holders, would be worse off for it
