H3h3productions Wins Landmark Copyright Lawsuit
Fair use may have just gotten a whole lot stronger thanks to a landmark legal case over one year in the making.
In April of last year, Ethan and Hila Klein, the husband-and-wife duo behind the h3h3productions YouTube channel, announced fellow YouTuber Matt "Bold Guy" Hosseinzadeh had filed a copyright claim on their video titled "The Big, the Bold, the Beautiful." The following month, they revealed Hosseinzadeh was suing them for copyright infringement in court, potentially threatening their entire channel's existence.
After reaching out to fans for assistance, the Kleins were able to rake in over $170,700 in donations from an enormously successful crowdfunding campaign on GoFundMe, which helped fight the legal battle over the next year.
Just yesterday, District Judge Katherine B. Forrest delivered her summary judgment in favor of the Kleins, stating "any review of the Klein video leaves no doubt that it constitutes critical commentary" and that the material "constitutes fair use as a matter of law." Shortly after, the Kleins announced the decision on Twitter before uploaded a celebratory video this morning.
While Hosseinzadeh may still appeal the decision, many are viewing it as a big win for fair use online, noting that it may help content creators navigate the waters of copyright infringement with more ease in the future.
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sillygoy1488
gee more jews
BulletproofBrony, Not Dead Melia
I wouldn't call the case "landmark." Like the judge said, it seems pretty open and shut based on previous decisions.
The more difficult questions involve your "reaction YouTubers" who show the entire video from start to finish, punctuated only by the occasional giggle. The people here clearly did a better job at making their own commentary the focus without simply Ctrl-C, Ctrl-V'ing the original video into their own.
There you'd have an interesting ruling. And in let's plays too, since all the visual assets of video games are under copyright. Those sorts of areas provide the opportunity for real legal trailblazing in which I can argue both ways, even if I favor one over the other.
This? Just some guy who found a second-rate lawyer to take his case on a contingency fee.
Cyphon
But do they still get sued for stealing the react video format from the Fine Bros?
BulletproofBrony, Not Dead Melia
There's no such thing as a copyrightable format. You can't copyright an "idea, procedure, process, system, method of operation, concept, principle, or discovery." You can only copyright "expression."
It's like trying to copyright a "cooking video format" or a "let's play video format." You only get an copyright on your actual video, not on the "concept" of all videos that might potentially discuss the same thing.
Cyphon
Let me translate my actual meaning: congrats to Ethan, fuck Matt, the Fine Bros and everyone else who tries to copyright internet freedom to make money off a format that everyone deserves to use.
Jankovic
Clearly Hosseinzadeh had an unprofessional, unethical or just plain greedy lawyer working for him. I mean, come on, going against famous and professional (as in, they knew they hadn't broken the law) YouTubers?
Evilthing
There's still a problem though. You may win the lawsuit but it still costs you nerves.
Mand'alor
D E N I E D
E denied E
N denied N
I denied I
E denied E
D E N I E D
JustAnotherCommunist
Could someone give a short TL;DR of the whole lawsuit for the benefit of everyone?
PYRO
Guy posts video trying to act cool
Other guy posts video critiquing first video
First guy sues other guy over critiques
18 Months pass
Courts rule in favour of other guy
Internet celebrates
Walrus the Tree
Reaction vids are a not-at-all-guilty pleasure of mine, so this is good to hear. I used to watch one YouTuber who reacted to Steven Universe episodes, then have to stop doing them cause the legal trouble was just too much. She tried to keep her channel alive with speed-drawings and reviews, etc., but 80% of the fans were just gone after she announced the reactions were over with and she hasn't uploaded in like a year so I guess she's had to move on. She was a talented artist, probably could have made it as a JaidenAnimations clone. Maybe she still does stuff on other social media like Tumblr, though. I hadn't thought of that.
fastbreak333
Wow, that's kinda sad. It sounds more like those fans were using her to see new episodes instead of enjoying the YouTuber's content.
Walrus the Tree
Yeah, pretty much what I suspect. Lemme actually go check and see if she's active elsewhere.
Well she still uses her YouTube channel for liking videos, so there's that. Only thing other than that, I can't tell with certainty if her Twitch is dead or not, but… yeah my guess is she's stopped doing internet stuff altogether.
Golden Alpaca
I had a similar experience with someone reacting to episodes of 60s Doctor Who. Eventually had to upload blanks and direct her subscribers to a google drive link :P
Admiral Loadsamoney
Cyphon
Their attorney oughta go to prison, because he just murdered that guy.
Aramaki_1917
I specially LOVE this gem regarding Matt “Bold Guy” Hosseinzadeh:
"Plaintiff must realize he cannot treat well-setteled law and undisputed facts like the women of his videos; they will not change simply because Plaintiff is persistent and impervious to their hostility".