If Lego sells you a tub of legos and you put together a replica of the Titanic, and then Lego attempted to claim that they owned your sculpture, they would be wrong.
This is a poor comparison in my opinion. In my opinion, it is akin to purchasing a Lego model, adding a few swear words in the instruction manual, and then selling it as your own work.
And yes, you will get sued by legos for using their IP not to their liking. Ask artist Ai Weiwei, journalist Maia Weinstock, and numerous others who have been sued by Lego. You picked a very bad example to use.
All of this goes away if an LPer stops monetizing videos containing other people's work.
The issue I think many people do not realize is that LP's represent a potentially very serious legal issue in China. China is the big growing market, with a rapidly increasing middle class. Already, it is very difficult to protect IP rights in China. Any action by a company that weakens their IP standing, no matter what region, could result in complications in further proprietary issues in China.
This has played out many times in the auto industry because complicated branding issues. This is the area I have much experience because I work for a Japan company but I do work all over. Numerous times i have had my work, including industrial coding, hardware design, etc stolen by both customers and partners within China.
Unless you have all your paperwork and legal standing in good, you will not win a case in China....and it does not matter how blatant the fraud.
Its a messy issue. Worrying about pissing off a tiny minority of the US gaming population is nothing compared to the legal concerns it could have in a market as large and cutthroat as China.
People like Phil believes the world revolves around them. The world is a much messier place than this. These companies are not going around to screw LPers. They are protecting their work and their property.