By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
In 2016, YouTubers Ethan and Hila Klein of H3h3 Productions were sued by Matt Hosseinzadeh for copyright infringement after they used portions of his video in their reaction content. The court ruled in their favor, emphasizing that their use was transformative, added commentary, and didn’t harm the original’s market value. This case set a precedent for content creators regarding the use of existing works in commentary and criticism within their own works in the digital era.
THE BIG QUESTION: How much can one use of someone else’s work before it becomes infringement?
For spoken-word creators, this ruling underscores the key principles of fair use: if your work critiques, comments on, or transforms the original content in a meaningful way, it’s likely protected. This is much more the focus than the exact amount of seconds being used. For example, using brief clips of an interview or viral moment to dissect cultural trends or add satire aligns with these protections. Even longer clips align, if they are balanced by original commentary that requires the used clips in order to fully understand the commentary.
However, creators must tread carefully. This permission is not universal or even the default. Overusing original material or failing to add substantive commentary risks crossing the line into infringement and the Fair Use defense may not succeed. The key takeaway? Be transformative and intentional – your voice and perspective are what make your work defensible under fair use.
Media attorney, Matthew B. Harrison is VP/associate publisher, TALKERS; Senior Partner, Harrison Media Law; and executive producer, Goodphone Communications. He is available for private consultation and media industry contract representation. He can be reached by phone at 724.484.3529 or email at matthew@harrisonmedialaw.com