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?
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!
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