Ethan’s Policy on Clip Channels
Background
- On January 25, 2023, Ethan announced he would allow other creators to clip his content for the purpose of creating highlights, but clarified that wholesale reuploads would not be allowed.[1]
- On January 24, 2024, Ethan reiterated that his permission to make clips of membership content was conditional: “…you can clip the members if it’s reasonable length… full reuploads will be erased with DMCAs…”[2]
- The DMCA is part of U.S. copyright law that established the notice-and-takedown system, allowing copyright holders to have infringing material removed by reporting it to an online service provider.[3]
Claim
Ethan is accused of lying when he said clip channels would be allowed because he began striking content using the Digital Millennium Copyright Act (DMCA) takedown system.
Truth
- What Content Was Targeted? Beginning in late 2024, Ethan, through his attorney, had multiple posts from a snark subreddit removed using the DMCA.[4] The content struck was considered by Ethan and his lawyer to be wholesale reuploads, not transformative clips, with the expressed purpose to syphon views from the original.
- Permission Was Not Revoked: When Ethan made his announcement, he made it clear that wholesale uploads are not permitted. He never revoked his general permission for fair use clipping.
- Fair Use is Not a Blanket Exception: Fair use is a legal doctrine permitting unlicensed use in certain circumstances, but it is determined case-by-case by a judge.[5] Reuploading entire works without critical commentary is generally not considered fair use.
Conclusion
Ethan did not lie about granting permission to clip his content. He consistently permitted transformative clips while explicitly excluding wholesale reuploads. The DMCA takedowns targeted the latter category with an emphasis on malice. Permission for fair use clipping has never been revoked, and there remains plenty of clipped H3 content available on YouTube, Reddit, and other platforms.