Most 20-somethings who survived the COVID lockdown know Ethan Klein for the hit YouTube podcast he hosted in 2020 with internet superstar Trisha Paytas titled “Frenemies.” Admittedly, this was my introduction to Klein and H3H3 productions, too. But, after the series ended, I continued watching Klein’s other content. Over time, that habit turned into something bigger. Eventually, it even led me to law school and Intellectual Property (IP). Let me explain how.
I quickly realized Klein wasn’t just a YouTube personality. He was a creative who had been involved in copyright and fair use litigation for the better part of a decade. After the podcast “Frenemies” ended, I learned that Klein had successfully defended against a copyright infringement suit regarding a YouTube video he had posted on his original H3H3 channel. The suit was concerning “reaction content” — videos where creators watch and comment on videos made by others. The court agreed with Klein that his use of clips in reaction videos constituted fair use of the original copyrighted work. I was as interested in these controversies as much as the next fan, but it wasn’t until college, a few years later, that the significance of Klein’s legal entanglements began to make sense.
My first formal IP experience
In a media law course at the University of Wisconsin-Madison, we learned what a copyright was and what constituted fair use. The course content was just scratching the surface of intellectual property law. Nevertheless, it allowed me to better understand my favorite YouTuber’s history, piquing my interest and encouraging me to dive deeper.
As graduation approached, I started asking the inevitable question: what comes next? I looked around at other journalism majors as well as my coworkers at the campus newspaper. I watched many of my friends struggle to find jobs in the ever-shrinking journalism industry. After some introspection, I realized my favorite parts of my coursework and involvement at the student paper were doing research, writing, and talking to people. While I couldn’t imagine choosing a career where I was unable to do those things, I also didn’t like the idea of committing myself to journalism and possibly being unable to find fulfilling employment. Law school felt like the natural next step — I would be able to do research, write, meet new people — and the sky would be the limit in terms of upward growth.
Making the leap to law school
After starting at Loyola University Chicago School of Law, I sought out IP opportunities based on my undergrad coursework and interest in journalism. I attended Intellectual Property Law Society (IPLS) events to learn more about copyrights and trademarks. At a speed networking event, I spoke to attorneys working in the cosmetic trademark space. At that event, I learned that a career in IP could intersect with more industries than I previously thought. At the “No STEM Degree, No Problem” panel, I learned that even without a STEM degree, I could even work on science-adjacent matters, like patent litigation, by learning relevant scientific principles over time.
I was also admitted to an intellectual property writing course where I wrote a 10-page legal memorandum on the experimental use defense to a fictional patent infringement claim based on case law. I got to practice reading patent case opinions and learn terminology relating to the patent space. Through this assignment, I learned to successfully translate my journalistic writing style to a legal format, while maintaining a compelling narrative thread throughout the memo. Now, I’m happy to be working on an open research memo on trademark infringement and nominative fair use. I’m able to find my own case law and construct creative arguments, on a topic much more tailored to my personal interests.
Reconnecting with H3H3
But the stereotype that 1L is stressful and all-consuming is true. Staying up to date with Klein and his H3H3 podcast (which is just one of several shows Klein has hosted 7) has been a welcome refuge amongst the constant reading, cold calls, and memo writing. And, luckily for me, there has been plenty of news to follow.
In 2025, Klein was back in the headlines. Several creators streamed one of Klein’s videos with the express purpose of funneling views away from his channel. He sued said creators, seeking damages for their infringing uses of his video. Coincidentally, the lawsuit picked up just as my own focus shifted to networking and summer opportunities. Luckily, my exposure to IP at Loyola allowed me to understand more readily the lawsuit and its implications.
Inspired by recent episodes of Klein’s podcast, I began reaching out to intellectual property attorneys, separate from IPLS. I wanted to learn about their careers in trademark and copyright. Although Chicago isn’t the intellectual property hub of the media industry like Los Angeles, where Klein is located, there is a vibrant community devoted to protecting creators right here in the Windy City.
Looking forward
Now in my second semester of 1L, the experiences and conversations I’ve had with trademark and copyright professionals are guiding my quest for a summer internship. Running parallel to my journey is Klein’s. As I keep up to date with his lawsuit, and learn more about intellectual property law, it feels like he and I are navigating the same journey in some way. Right now, we are both learning about copyright enforcement — Klein in his lawsuit and myself, in legal writing. Hopefully, I can learn more about how IP relates to media in general through networking and coursework over the next two years. I’m excited to see where the journey takes us both.
Sophia Scolman
Assistant Blogger
Loyola University Chicago School of Law, J.D. 2028