How do sites like Patreon get away with copyright infringement?

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So many youtube reactors post only 10 minutes of movie footage as fair use and point to sites like Patreon to watch their full-length reactions, but how is that not a copyright infringement? Does paywalling copyrighted content let them get away with it?

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Anonymous 0 Comments

So here is how the DMCA copyright claim process works.

I the owner and operator of a website that allows you to post things receive notice that you are infringing whoever’s copyright. Unless I also want to be liable for the infringement I send notice and take down the content.

You can then state “no it’s fair use”. And after X days repost it.

The copyright holder then can sue you individually for remediation. However, I followed the law per DMCA title II so cannot be sued.

YouTube (and a lot of other large company sites of that nature) have a general policy of not allowing struck material, and further banning users with various numbers of strikes with their own arbitration policies. This beyond the DMCA but why content creators are far more cautious about what they show on YouTube.

Patreon does not. IP law is very nuanced outside of open shut things, it is unlikely you will find an attorney willing to state whether reaction/commentary videos to movies with the entire movie shown are transformative enough or commentary, because no two cases are the same.

Tl;Dr Patreon itself cannot be sued as it is following the law.

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