Q: Can I link to copy-righted material on Patreon?

I have a patreon where I transcribe scenes (movies, television, video games, etc...) for actors to practice with. Would it be legal for me to add a link to a 30s-60s clip of the scene for reference if its unlisted-demonetized on youtube? Also, does the use of overseas media change anything?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • International Law Lawyer
  • Sacramento, CA

A: Here are a few thoughts on linking to copyrighted content on Patreon, but please note that this shouldn't be taken as legal advice:

In general, linking to copyrighted material, even if it's unlisted and demonetized on YouTube, could still be considered copyright infringement unless it falls under fair use. The key factors for fair use are:

1) Purpose and character of the use (e.g. commercial vs. educational)

2) Nature of the copyrighted work

3) Amount used in relation to the whole work

4) Effect on the potential market for the original

Providing short 30-60 second reference clips on an unlisted video, especially if it's for educational purposes to help actors practice, could potentially be argued as fair use. But there are no guarantees, and much depends on the specific case.

Using overseas media doesn't necessarily change the analysis. Most countries have copyright laws and are party to international copyright treaties. While specifics vary, the core principles are generally the same.

The safest approach is to get permission from the copyright holders. Barring that, relying on fair use is a judgment call that could open you up to legal risk. It's worth consulting an intellectual property lawyer for guidance specific to your situation.

Copyright law is complex and case-specific. But hopefully this gives a high-level overview of some key considerations around linking to copyrighted material. Let me know if you have any other questions!

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.