It is a great time of enjoyment for the h3h3 Productions since they have lately won a lawsuit. In August end 2017, the couple Ethan Klein and his wife Hila Klein have released a video announcing to their fans that they have won the case. The husband-wife duo announced that this victory was a great achievement that should be celebrated since it is a landmark case and verdict. They also said that this win would ensure that the YouTube can now be used fairly for people’s betterment, entertainment, and infotainment. Hila Klein has also condemned the prosecutor’s claims and called it ‘bullshit’.
The crux of the case was whether copyrighted video clips could be played into another video and whether doing so would imply copyright infringements. In the US, fair use is allowed legally under certain circumstances. In the UK too, fair dealing is a term and the material which is copyrighted could be employed under some special conditions.
In the case of Ethan Klein, YouTuber Matt “Hoss” Hosseinzadeh had sued them over the use of his copyrighted video clips in their reaction video. There was a video made by Matt “Hoss” Hosseinzadeh that was titled as ‘The Bold Guy’. It showed a fictional pickup artist who was trying to pick up women.
Ethan Klein and his wife and business partner Hila usually post reaction videos in response to the happenings around them. They made a video in reaction to the video of Matt ‘The Bold Guy’.
In order to make their point clear, Ethan and Hila Klein had uploaded clips of Matt’s original video. Matt told in court that it was against the Copyright Act to use one’s video into making of another video without the permission of the owner of the original video. This point was contested in court. Ethan Kelin also put forth his arguments to the satisfaction of the Court. The Judge dismissed Matt’s claims.
What was the Judgment?
New York district judge Katherine B. Forrest ruled in favor of the Kleins. She made it clear that what the Kleins had done was a fair use of the copyright material. They had not substituted their work with the original video but had merely used it to bring forth an important point. In her judgment, Forrest said:
“Any review of the Klein video leaves no doubt that it constitutes critical commentary of the Hoss video; there is also no doubt that the Klein video is decidedly not a market substitute for the Hoss video. For these and the other reasons set forth below, defendants’ use of clips from the Hoss video constitutes fair use as a matter of law.”
Forrest had further added:
“The Klein video is arguably part of a large genre of YouTube videos commonly known as “reaction videos.” Videos within this genre vary widely in terms of purpose, structure, and the extent to which they rely on potentially copyrighted material. Some reaction videos, like the Klein video, intersperse short segments of another’s work with criticism and commentary, while others are more akin to a group viewing session without commentary. Accordingly, the Court is not ruling here that all ‘reaction videos’ constitute fair use.”
Ethan Klein was congratulated by other fellow YouTubers.
Big win for all of youtube!
— pewdiepie (@pewdiepie) August 23, 2017
Commentator Philip DeFranco had rallied behind Klein’s case and raised more than $ 100000 for the legal defense fund.