This is an entirely new type of labor. So the logistics of organizing are a little foggy. Typically, guilds and unions can offer legal protections for workers. The problem here is that, unlike writers, YouTubers and Twitch streamers have never been employed by the corporations behind their platforms. And, likely, they never will be. According to U.S. labor laws, a company “employs” a worker if it controls the time, place and conditions of work; pays for all aspects of work; and has a formal and exclusive relationship with that worker. Needless to say, YouTubers and Twitch streamers don’t fit into that category. They license their content to these platforms. Mona Ibrahim, senior associate at the Interactive Entertainment Law Group, explained that “the reason Twitch streamers don’t qualify as employees is because they have control over their work product and the manner in which they deliver that product, they pay for their own expenses, and the agreement is non-exclusive and commission based as opposed to an hourly rate or salary.”
Work in 2017 looks a lot different than it did decades ago, and in three years, half of workers will be independent contractors, like YouTubers and streamers. Perhaps it’s time for labor laws to expand to accommodate the modern generation.
There are now enough workers doing gig-based activities and media creation that a union would be huge for these workers.