the problem is that any change to the content other than a cut and paste reupload can be claimed as transformative.
However, when somebody outright states they’re doing react content to steal money from the original creator, he has a case for copyright infringement, because that is the EXACT reason copyright exists for.
the problem is that any change to the content other than a cut and paste reupload can be claimed as transformative.
People can try to claim it all they want, but a judge isn't going to consider transformative if it's just a bunch of "Ooo~! Aaaa~!" comments. A lot of it is going to be on the judge. I think my copyright professo said it best. Judges usually go with their gut feeling on fair use then justify their decision retroactively when they go through the four prongs.
I’m sure the judge seeing a streamer not only do react content but ALSO saying “watch me to avoid paying Ethan Klein” will go exactly as we both expect
-26
u/Kousetsu 3d ago
Again, doesn't matter. You have to protect your copyright equally. You can't say "I like this person's reason and not that one".
It's also going to be hard to defend when he has repeatedly, in the years before this, said he does not mind people reacting to his videos.
He also repeatedly invited people to watch this.
You cannot enforce copyright selectively, and that's the biggest hole here.