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ClosedОбновлено August 28, 2026 at 11:07 AM

Ethan and Hila Klein vs Matt Hoss: Copyright Claim, Fair Use Lawsuit and Court Victory

The conflict began after Ethan and Hila Klein published The Big, The BOLD, The Beautiful on February 15, 2016, a nearly fourteen-minute reaction and criticism video about Matt Hosseinzadeh's 2013 skit Bold Guy vs Parkour Girl. Hosseinzadeh threatened legal action, submitted a DMCA takedown notice on April 23, 2016 and filed a federal copyright action three days later after the Kleins challenged the takedown. The Kleins publicly announced the lawsuit in We're Being Sued on May 24, prompting a Philip DeFranco defense fundraiser that ultimately recorded $170,765 and the creation of the Fair Use Protection Account. Hosseinzadeh later added DMCA misrepresentation and defamation claims and publicly defended his lawsuit. On August 23, 2017, Judge Katherine B. Forrest granted summary judgment to Ethan and Hila on all claims, holding that their specific reaction video was fair use, dismissing the counter-notice claim and ruling that the challenged lawsuit commentary was either protected opinion or substantially true. The court explicitly cautioned that it was not declaring all reaction videos fair use. Hosseinzadeh's attorney criticized the result, but no later reversal was identified. The case continued to be cited in later commentary about online reaction content, including KQED in August 2026.

Timeline

22 events
EventYOUTUBE · CONTEXTPrimary source

Matt Hoss published Bold Guy vs Parkour Girl

Matt Hosseinzadeh published the scripted skit Bold Guy vs Parkour Girl as part of his Bold Guy series. The federal court later described it as a fictional video in which the Bold Guy character flirts with and pursues a woman through parkour sequences. This became the copyrighted work at issue in the lawsuit.

YouTube02:18Video sourceBold Guy vs Parkour GirlOpen on the platform ↗
All sources2
Checked August 11, 2013 at 06:00 AM
Start of the conflictYOUTUBE · INITIALPrimary source

Ethan and Hila Klein published The Big, The BOLD, The Beautiful

Ethan and Hila published a reaction and commentary video criticizing Bold Guy vs Parkour Girl. The court later found that the Klein video was almost fourteen minutes long and used three minutes and fifteen seconds of Hosseinzadeh's five-minute, twenty-four-second original, interspersing clips with commentary and mockery of the script, performances, dialogue and parkour. The currently accessible H3 link is an August 2017 re-upload rather than the original February 2016 upload.

YouTube04:36Video sourceThe Big, the BOLD, the Beautiful (Re-Upload)Open on the platform ↗
All sources2
Checked February 15, 2016 at 06:00 AM
StatementU.S. DISTRICT COURT / JUSTIA · STATEMENTVerified by the editors

Hosseinzadeh threatened costly legal action in an email

The final court opinion records an April 2, 2016 email in which Hosseinzadeh explicitly threatened costly legal action if the Kleins did not comply with his demands within twenty-four hours. This communication later became relevant to Hosseinzadeh's defamation claim over Ethan's description of the pre-litigation period.

Hosseinzadeh v. Klein et al., Opinion and Order, Document 116 ↗
Checked April 2, 2016 at 06:00 AM
EventU.S. DISTRICT COURT / JUSTIA · PLATFORM_ACTIONVerified by the editors

Hosseinzadeh submitted a DMCA takedown and YouTube removed the Klein video

Hosseinzadeh submitted a DMCA takedown notification concerning The Big, The BOLD, The Beautiful, and YouTube removed the video the same day. Ethan and Hila then submitted a counter-notification asserting that their use was fair use. That counter-notification later became the basis for Hosseinzadeh's DMCA misrepresentation claim.

Hosseinzadeh v. Klein et al., Opinion and Order, Document 116 ↗
All sources2
Checked April 23, 2016 at 06:00 AM
EventU.S. DISTRICT COURT / JUSTIA · LEGALVerified by the editors

Matt Hosseinzadeh filed a federal copyright lawsuit against Ethan and Hila Klein

Three days after the takedown sequence, Hosseinzadeh filed Hosseinzadeh v. Klein in the U.S. District Court for the Southern District of New York. The dispute centered on whether the Kleins' use of clips infringed Hosseinzadeh's copyright or qualified as fair use. Later amended pleadings added additional claims.

Hosseinzadeh v. Klein et al., Opinion and Order, Document 116 ↗
Checked April 26, 2016 at 06:00 AM
ResponseYOUTUBE · RESPONSEPrimary source

Ethan and Hila publicly announced the case in We're Being Sued

H3 published We're Being Sued, explained the litigation to its audience and strongly criticized Hosseinzadeh for filing it. The Kleins argued that their original reaction was protected by fair use and framed the case as a broader threat to commentary on YouTube. Hosseinzadeh later alleged that statements in this video were defamatory.

YouTube01:42Video sourceWe're Being SuedOpen on the platform ↗
All sources2
Checked May 24, 2016 at 06:00 AM
CommentaryGOFUNDME · REACTIONVerified by the editors

Philip DeFranco launched the Help for H3H3 defense fundraiser

Philip DeFranco created the Help for H3H3 GoFundMe on behalf of attorney Michael Lee and began the campaign with a $5,000 contribution. The fundraiser ultimately recorded $170,765 from approximately 7,200 donations. The campaign turned the private copyright dispute into a wider creator-community debate about fair-use defenses.

Help for H3H3 ↗
Checked May 25, 2016 at 06:00 AM
UpdateYOUTUBE · UPDATEPrimary source

The Kleins announced the Fair Use Protection Account

Ethan and Hila published A New Chapter for Fair Use on YouTube and announced that crowdfunding support would be placed into a Fair Use Protection Account, or FUPA. They described the initiative as a resource intended to help creators facing legitimate fair-use disputes, expanding the public meaning of the Hoss case beyond their own defense.

YouTube04:36Video sourceA New Chapter for Fair Use on YouTubeOpen on the platform ↗
All sources2
Checked May 26, 2016 at 06:00 AM
CommentaryTIME · REACTIONVerified by the editors

TIME documented the lawsuit and rapid growth of the fair-use campaign

TIME reported that the fundraiser had exceeded $130,000 within days and interviewed Ethan Klein and Philip DeFranco. Ethan framed the dispute as a stand against abusive copyright pressure, while DeFranco said he viewed the case as potentially affecting the wider YouTube creator community. These were their interpretations before the court ruled on fair use.

This YouTube Star Got Sued, Raised $130,000, and Wants to Change the Site Forever ↗
Checked May 27, 2016 at 06:00 AM
EventU.S. DISTRICT COURT / JUSTIA · LEGALVerified by the editors

Hosseinzadeh filed the operative Second Amended Complaint

Hosseinzadeh filed a Second Amended Complaint. By summary judgment, the operative pleading alleged copyright infringement, misrepresentation in the Kleins' DMCA counter-notification and defamation based on statements in We're Being Sued. The final ruling addressed all three categories of claim.

Hosseinzadeh v. Klein et al., Opinion and Order, Document 116 ↗
All sources2
Checked July 22, 2016 at 06:00 AM
ResponseYOUTUBE · RESPONSEPrimary source

Matt Hoss published a detailed video defending his lawsuit

Hosseinzadeh published My Lawsuit vs H3H3 (Ethan & Hila Klein Sued for Using Practically My Entire Film). He argued that public understanding had been distorted by H3's We're Being Sued presentation and said online discussion contained lies and misinformation. He defended his copyright position and disputed the Kleins' framing while litigation remained unresolved.

YouTube04:36Video sourceMy Lawsuit vs H3H3 (Ethan & Hila Klein Sued for Using Practically My Entire Film)Open on the platform ↗
Checked October 28, 2016 at 06:00 AM
EventU.S. DISTRICT COURT / JUSTIA · LEGALVerified by the editors

The court characterized the DMCA counter-notice claim as exceptionally weak

In an interim order later quoted in the final opinion, the court characterized Hosseinzadeh's DMCA misrepresentation claim as exceptionally weak. The claim nevertheless remained part of the case until the August 2017 summary-judgment decision.

Hosseinzadeh v. Klein et al., Opinion and Order, Document 116 ↗
Checked January 18, 2017 at 06:00 AM
UpdateYOUTUBE · UPDATEPrimary source

H3 published We're Still Being Sued

Ethan and Hila published another update on the still-pending case, discussing the continuing financial and personal burden of litigation and the status of their legal representation. The video confirmed that the dispute remained active almost a year after the complaint was filed.

YouTube02:18Video sourceWe're Still Being SuedOpen on the platform ↗
Checked February 27, 2017 at 06:00 AM
CommentaryMANDATORY · UPDATEVerified by the editors

A PAYDAY 2 collaboration was announced to financially support Ethan and Hila

A PAYDAY 2 Ethan and Hila character pack was announced while the lawsuit remained active, with proceeds intended to go toward the Kleins. The announcement connected a commercial game collaboration directly to the financial effects of the ongoing litigation.

Payday 2 Collaborates with h3h3Productions For The Ethan and Hila Character Pack ↗
Checked May 12, 2017 at 06:00 AM
OutcomeU.S. DISTRICT COURT / JUSTIA · RESOLUTIONVerified by the editors

The federal court granted summary judgment to Ethan and Hila Klein on all claims

Judge Katherine B. Forrest granted the Kleins' motion for summary judgment in its entirety, denied Hosseinzadeh's partial-summary-judgment motion and directed the clerk to terminate the action. The court held that the Klein video was fair use as a matter of law. The first factor strongly favored the Kleins because the video was criticism and comment; the second favored Hosseinzadeh because his work was scripted and fictional; the third was neutral because the amount copied was substantial but reasonable for critique; and the fourth favored the Kleins because their video was not a market substitute. The court expressly stated that it was not holding that every reaction video is fair use.

Hosseinzadeh v. Klein et al., Opinion and Order, Document 116 ↗
All sources2
Checked August 23, 2017 at 06:00 AM
OutcomeU.S. DISTRICT COURT / JUSTIA · RESOLUTIONVerified by the editors

The court dismissed the DMCA misrepresentation and defamation claims

The same opinion separately rejected Hosseinzadeh's remaining claims. Because the Klein video was fair use, the Kleins' fair-use assertion in the counter-notification was factually accurate. The court also found that they had a subjective good-faith belief in non-infringement. On defamation, the challenged statements in We're Being Sued were held to be either non-actionable opinion or substantially true under New York law.

Hosseinzadeh v. Klein et al., Opinion and Order, Document 116 ↗
Checked August 23, 2017 at 06:00 AM
StatementYOUTUBE · STATEMENTPrimary source

H3 published WE WON THE LAWSUIT!

Ethan and Hila publicly announced the ruling in WE WON THE LAWSUIT! and described it as a major victory for fair use on YouTube. Ethan told TechCrunch he was extremely relieved. Their broader characterization of the ruling's significance was their interpretation; legally, the decision resolved the specific record before the Southern District of New York and did not establish a blanket rule for all reaction videos.

YouTube04:36Video sourceWE WON THE LAWSUIT!Open on the platform ↗
All sources2
Checked August 23, 2017 at 06:00 AM
UpdateYOUTUBE · UPDATEPrimary source

H3 re-uploaded The Big, the BOLD, the Beautiful after the ruling

H3 re-uploaded the reaction video that had triggered the litigation. The description identified it as the video over which the Kleins had been sued. The re-upload restored direct public access after the court held that the use of Hosseinzadeh's clips was fair use.

YouTube01:42Video sourceThe Big, the BOLD, the Beautiful (Re-Upload)Open on the platform ↗
Checked August 23, 2017 at 06:00 AM
ResponseTECHCRUNCH · RESPONSEVerified by the editors

Hosseinzadeh's attorney publicly criticized the fair-use ruling

Attorney Tim Bukher told TechCrunch that Hosseinzadeh's side was disappointed with the outcome and argued that the ruling changed fair-use doctrine in the Southern District of New York by permitting extensive use when accompanied by jokes and relevant commentary. This was counsel's criticism of the judgment, not a subsequent court finding. No later appellate reversal was identified.

Judge sides with YouTubers Ethan and Hila Klein in copyright lawsuit ↗
Checked August 26, 2017 at 06:00 AM
CommentarySTARBREEZE · UPDATEVerified by the editors

Starbreeze released the PAYDAY 2 h3h3 Character Pack and directed proceeds to Ethan and Hila

Starbreeze and OVERKILL released the PAYDAY 2 h3h3 Character Pack featuring Ethan and Hila as playable characters. Starbreeze stated that all proceeds would go directly to Ethan and Hila. The release occurred after the lawsuit ended but completed a collaboration announced while legal expenses were still part of the public dispute.

Youtube sensation h3h3 Productions, featuring Ethan and Hila, now available as playable characters in PAYDAY 2 ↗
Checked November 22, 2017 at 06:00 AM
ReactionFORDHAM IPLJ · REACTIONVerified by the editors

Fordham legal commentary revisited Hosseinzadeh v. Klein in the modern reaction-content debate

Fordham's Intellectual Property, Media and Entertainment Law Journal blog revisited Hosseinzadeh v. Klein while discussing fair use and contemporary reaction content. The publication treated the case as an important reference point for analyzing transformative commentary. It did not report a new interaction between the original parties.

Reacting Right: Fair Use and Reaction Content ↗
Checked May 24, 2024 at 07:00 AM
Latest updateCommentaryKQED · REACTION2 confirmations

KQED revisited the Hoss case while examining Ethan Klein's later fair-use lawsuits

KQED's Close All Tabs published Why The Ethan Klein Fair Use Lawsuits Are Way More Than Internet Beef. The program returned to the 2016 Hoss dispute and 2017 ruling as historical context for newer copyright cases involving Klein and reaction creators. It did not contain a new direct statement from Hosseinzadeh or reopen the original litigation.

Why The Ethan Klein Fair Use Lawsuits Are Way More Than Internet Beef ↗
Checked August 5, 2026 at 07:00 AM