“It’s like a YouTuber’s dream.”
Those were some of the words of choice from YouTube creator Ethan Klein as the online video community rallied around him and his wife, Hila, who are currently in the middle of a YouTuber’s worst nightmare.
Ethan and Hila, known for their YouTube channels, h2h2Productions and h3h3Productions, recently came under fire from another content creator, Matt Hoss (better known as Bold Guy), who accused them of using his clips outside of the Fair Use act.
The humorous husband and wife duo, who have earned their Internet fame for playfully adding their own commentary to other YouTube videos and openly displaying their cute and quirky relationship, were slammed with a lawsuit after reviewing some of Bold Guy’s clips.
For those who may be unfamiliar, Fair Use is a term that YouTube creators have learned to know inside and out as many depend on its protection in order to continue making videos and delivering appreciated content to viewers. In its simplest terms, Fair Use is a law that allows the use of copyrighted material, even without blatant consent, to be used elsewhere as long the material used is limited and/or serves a transformative purpose. Criticizing, for example, generally falls under that term.
While Fair Use may not be as black and white, Ethan and Hila are definitely being handed the short end of the stick. In a video on h3h3Productions’ channel, blatantly titled, “We’re Being Sued,” the couple explains the petty accusations from Bold Guy.
“Unfortunately for us, Fair Use is nothing more than a legal defense, it’s not anything more than that,” Ethan said, referring to the fact that any disputes over whether material is or isn’t Fair Use is decided in court, which could take up to two years.
It’s clear that Ethan and Hila are both frustrated with the lack of mutual respect between themselves and Bold Guy, especially as they are both YouTube creators. “And because Matt Hoss, that Bold Man, is impervious to criticism and doesn’t like that we said naughty things about him, he wants to go all the way with it,” Ethan said.
“You just don’t know how a jury will see it. I don’t know how old they are, what have they seen, if they even know anything about YouTube,” Hila said.
The couple could end up spending thousands of dollars on legal fees and a proper legal defense. Fortunately for them, several YouTubers and loyal fans came to their rescue through a GoFundMe page and raised over $160,000.
Ethan tweeted this sentiment after donations began pouring in:
The couple said in a later video that they plan on using "every single penny" received to create a safety fund for other YouTubers who face legal trouble, "big or small," from Internet bullies like Bold Guy and are in need of protection.
While Ethan and Hila are lucky to come out victorious in this battle against the gray areas of Fair Use, their situation is not unique in the YouTube world. It is a prime example of how content creators, regardless of platform, are subject to risking their digital livelihood out of poorly written laws and petty individuals.
Any content creator, whether they use written word, video or photography, needs to understand that their work can and will be criticized. Thick skin is a requirement of anyone who chooses to share their opinion or voice with the rest of the Internet. This is a concept that Bold Guy has yet to come to terms with.
Both Ethan and Hila did nothing wrong in sharing their opinions on his videos; they were simply doing what they do best as YouTube creators.
It is fortunate that the YouTube community can use the Kleins' situation as a rallying point to help protect themselves in the sometimes vicious world of digital media. It is a prime example of how members of that world should behave.
Bold Guy, take notes.