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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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.
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.
The reactions you see on youtube usually include portions of the film or thing they’re watching. If they don’t want to get in trouble on Patreon most will make you provide your own movie or tv show and watch along with a time sync and occasional shots of the film to make sure you’re still synced. So if you’re watching on Patreon you’d need to have two windows on your screen. One for the Patreon video and one for the actual movie. How you get that movie is up to you.
Now some creators will include the movie but those creators are taking big risks and someone can report the video especially if it’s hosted on Youtube to get it DMCA’d.
Also fair use is for 10 seconds not 10 minutes. But if they keep breaking the audio, talking over it or distorting it and blurring the video every couple second or edit it where you see them instead of the video, that resets the fair use limit I guess.
The reactions you see on youtube usually include portions of the film or thing they’re watching. If they don’t want to get in trouble on Patreon most will make you provide your own movie or tv show and watch along with a time sync and occasional shots of the film to make sure you’re still synced. So if you’re watching on Patreon you’d need to have two windows on your screen. One for the Patreon video and one for the actual movie. How you get that movie is up to you.
Now some creators will include the movie but those creators are taking big risks and someone can report the video especially if it’s hosted on Youtube to get it DMCA’d.
Also fair use is for 10 seconds not 10 minutes. But if they keep breaking the audio, talking over it or distorting it and blurring the video every couple second or edit it where you see them instead of the video, that resets the fair use limit I guess.
Youtube’s copyright enforcement mechanism is stricter than it technically needs to be, because it’s easier to enforce that way. They have a big database of copyrighted content and if any videos match it then they’ll automatically demonetize them or take them down. Patreon doesn’t have this system, they only take content down when they actively receive a request from the copyright holder.
Youtube’s copyright enforcement mechanism is stricter than it technically needs to be, because it’s easier to enforce that way. They have a big database of copyrighted content and if any videos match it then they’ll automatically demonetize them or take them down. Patreon doesn’t have this system, they only take content down when they actively receive a request from the copyright holder.
Most reactors on Patreon post their full reaction there but without the actual show / movie they’re reacting to. They might include a blurred out version without sound, so people can sync up their own copy to, which is entirely within fair use.
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