H3H3productions Just Won An Amazing Victory For Fair Use

James Marshall
August 24, 2017

Forrest added that even if the video was not fair use, the Kleins still had a "subjective "good faith belief" that their video did not infringe [Hoss's] rights".

"There is also no doubt that the Klein video is decidedly not a market substitute for the Hoss video".

Describing the Klein's video and the critique contained within as "quintessential criticism and comment" equivalent to the kind one might find in a film studies class, Judge Forrest goes on to examine the cornerstones of fair use, including the objective of the work, the amount of copyrighted content used, and the effect of the use of the content on its potential market. Matt "Hoss" Hosseinzadeh-MattHossZone on YouTube-sued the pair after they uploaded a video in which the Kleins react to one of Hosseinzadeh's videos and criticize him in the process.

In her opinion, the judge brutally duel-dunked on Hoss's initial civil complaint and his video about picking up girls using parkour: "Plaintiff must realize he can not treat well-settled law and undisputed facts like the women in his videos; they will not change simply because Plaintiff is persistent and impervious to their hostility". The Kleins then filed a DMCA counter notification citing fair use, which Hosseinzadeh said was a case of misrepresentation. The court also dismissed Hosseinzadeh's allegations of defamation, stating the Kleins' video is "replete with "non-actionable opinion (s)'".

The ensuing legal battle, which threatened to bankrupt the couple, was subsidised by YouTube creator Philip DeFranco, who raised more than $170,000 (£132,000) to help cover their legal costs.

The ruling constitutes a triumph not just for the h3h3 team, but for fair use on the video-sharing site, putting thousands of potential infringers in the clear. I'm happy that the opportunity came to us to stand up and set this important precedent for fair use on YouTube.

"The Klein video is arguably part of a large genre of YouTube videos commonly known as "reaction videos, '" the ruling says". "Accordingly, the Court is not ruling here that all 'reaction videos" constitute fair use". So find out more in the video below! In a decision handed down yesterday by District Judge Katherine B. Forrest, the Kleins prevailed.

Other reports by Click Lancashire

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