FROST Team Secures Dismissal at Pleading Stage in Fair Use Matter Addressing Reaction Videos by Content Creators

LOS ANGELES – July 2, 2026 – FROST LLP has secured a major win in federal Court on behalf of a content creator client, in a fair use matter. The FROST client faced a copyright infringement lawsuit over her livestreamed reaction to a full-length documentary produced by the Plaintiff, a high-profile YouTuber. The Court dismissed the Plaintiff’s claim at the pleading stage, finding that fair use protects the client’s use of the documentary as a matter of law. The ruling could have significant implications for the scope of fair use protection in future online “reaction video” cases.

The prevailing FROST team is comprised of attorneys Ben Kassis, Benjamin Grush, and David Tiraturyan.

Said partner Ben Kassis: “We’re very pleased with the Court’s finding that Ms. Saber’s livestream reaction to Mr. Klein’s “Content Nuke” qualifies as fair use. As we argued, whether a use is fair should be judged on its individual merits, and the Court’s finding here in favor of our client is unequivocally the correct one based on the facts and the controlling legal principles. How it may be applied in other factual settings will depend on those settings. But there is no question the Court’s thoughtful, comprehensive analysis here will act as a guide for fair use protection in reaction content cases going forward.”

The matter was covered by Law360. To learn more, read: Streamer’s Reaction Video Is Fair Use, Judge Finds (subscription).

The case is Ted Entertainment Inc. v. Saber et al., Case No. 2:25-cv-05564 (C.D. Cal.)