H3H3productions Just Won An Amazing Victory For Fair Use

24 August 2017, 10:04 | Updated: 6 November 2017, 09:42

H3H3productions - Ethan and Hila Klein

By Liam Dryden

Ethan and Hila's long long legal hell comes to an end.

After nearly a year and a half of legal battles, Ethan and Hila Klein of h3h3productions have won a copyright infringement case made against them by a fellow YouTuber.


The Kleins, who share the channel of over 4.6 million subscribers, have been in dispute with Matt “Hoss” Hosseinzadeh since last April after he sued them for a copyright infringement over their response to one of his videos.

In a video reacting to and critiquing Hoss' "Bold Guy" series, the Kleins used a substantial amount of his original footage. This led to Hoss suing the pair for copyright infringement; a legal battle that became extremely public and high profile after h3h3's follow-up video "We're Being Sued" hit YouTube. After this vlog was posted, Hoss added a claim of defamation to his suit.

However, District Judge Katherine B. Forrest, who was responsible for overseeing the case, has since dismissed Hoss' claims, ruling that the Kleins' video is "decidedly not a market substitute for the Hoss video" and therefore a rightful example of "fair use".

Watch h3h3's announcement video about the result below.

This case gained a lot of attention due to what it could mean for the future of "fair use" on YouTube, and therefore popular formats like response and reaction videos. While this is just one judge's decision, the high profile nature of the case will hopefully serve as an example in future lawsuits that may affect other, smaller creators.

Ethan and Hila reuploaded the offending video to celebrate their win.

"Please enjoy our creative property, a parody of MattLossZone's Bold Guy," they added in the description.


Click here for a full timeline of the h3h3productions legal battle.


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'Vlogging 101: The Ultimate Guide to Becoming a YouTuber' is available now. So find out more in the video below!