How much of someone else’s video can you use in a reaction video? There is no automatic safe number of seconds. Hosseinzadeh v. Klein offers a useful example of how a court examined criticism built around borrowed footage.
What the H3H3 Fair Use Case Decided
In its August 23, 2017 opinion, the Southern District of New York granted summary judgment to Ethan and Hila Klein. Their video interspersed excerpts from Matt Hosseinzadeh’s work with criticism and commentary. The court found that particular use fair.
The court also expressly limited its conclusion: reaction videos vary, and the decision did not declare all of them fair use. A video that analyzes selected moments presents a different question from one that mainly lets an audience watch the original.
Why There Is No Safe Number of Seconds
The four fair-use factors address purpose and character, the nature of the original, the amount and significance taken, and potential market effects. Duration is part of the inquiry, not a substitute for it.
In Hosseinzadeh, the court considered the amount taken in relation to the critical purpose and found that the reaction video did not serve as a market substitute for the original. It did not establish a percentage that every creator may borrow.
Build the Commentary Around a Specific Point
Before editing, identify what you need the audience to see or hear to understand your criticism. Then ask whether each excerpt supports that point, whether a shorter passage would do, and whether the finished piece offers the original’s entertainment value with little added analysis.
Calling a video a reaction, adding a disclaimer, or crediting the creator does not itself resolve the copyright question. Meaningful commentary can help, but transformation alone does not decide all four factors.
Apply the Questions to Your Own Video
Use the case as an example of reasoning, rather than a clearance for your next upload. Keep a record of the original source, the passages selected, and the purpose of each excerpt.
Start the Use Check for preliminary fair-use issue spotting. For individual advice about the final edit, request a consultation below.
Related Reading
- Jimmy Kimmel’s Fair Use Victory: What It Means for Content Creators
- Fair Use or Foul Play? Lessons from Equals Three
- Reaction Videos and Commentary
- Copyright & Fair Use Resource Center
Creating reaction content, commentary, or criticism?
Fair use can be a powerful protection, but only when applied correctly. Harrison Legal Group helps creators, broadcasters, podcasters, publishers, and digital entrepreneurs evaluate copyright risks before publication.
Matthew B. Harrison is a media, intellectual property, and digital rights attorney. He advises broadcasters, content creators, publishers, and entrepreneurs on copyright, trademark, AI, defamation, and content licensing issues. Reach him at Matthew@HarrisonMediaLaw.com or read more at TALKERS.com.