By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
In the ever-evolving landscape of digital media, creators often walk a fine line between inspiration and infringement. The 2015 case of “Equals Three, LLC v. Jukin Media, Inc.” offers a cautionary tale for anyone producing reaction videos or commentary-based content: fair use is not a free pass, and transformation is key.
The Case at a Glance
“Equals Three,” a popular YouTube series, built its reputation on humorously reacting to viral videos. The show used 10-30 second clips of these videos, pausing periodically for the host to add jokes and reactions. Jukin Media, which owns the rights to many viral clips, sued for copyright infringement, arguing the use was not protected under fair use.
The court sided with Jukin Media, ruling that “Equals Three’s” use was not sufficiently transformative. While the show added humor and commentary, it primarily repackaged the original content for entertainment without enough new meaning.
What This Means for You
Fair use requires creators to add something new, such as critique or analysis. Simply reacting to content with jokes or minimal commentary isn’t enough. Use only what’s necessary and ensure your work doesn’t substitute for the original.
Additionally, fair use considers market impact. If your content diminishes the value of the original by serving as a substitute, it’s unlikely to qualify.
Why This Matters
Reaction videos and commentary are staples of digital media, but they come with risks. The “Equals Three” case highlights the need for meaningful transformation. By focusing on critique, analysis, or education, creators can navigate fair use confidently while respecting intellectual property rights.
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