Fox Goes After Republican Presidential Candidates For Online Copyright Violations Over Debate Footage

from the fair-use-be-damned! dept

Earlier this month, we wondered if Fox was going to sue some Republican Congressional Representatives, after they used Simpsons characters in an awful parody press release. A Fox spokesperson claimed it was a violation of copyright, but it seemed unlikely that Fox would actually do anything about it. However, in a somewhat similar issue, it looks like Fox is actually going after Republican candidates for using Fox debate footage on their websites. Apparently, Fox first targeted just John McCain for using debate footage, but after being called out on not treating to the other candidates fairly, sent cease-and-desist letters to all candidates using Fox footage. What would be interesting is if any of the candidates decides to challenge Fox on this one. The specific letter that was sent to McCain apparently demanded that he not use any Fox material on his website — and that raises questions about whether or not McCain actually needs Fox’s permission, as what he’s doing could be considered fair use. It could make for an interesting legal challenge — but somehow it seems unlikely that any of the presidential candidates wants to get wrapped up in a legal battle over fair use right now.

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Comments on “Fox Goes After Republican Presidential Candidates For Online Copyright Violations Over Debate Footage”

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14 Comments
Anonymous Coward says:

There isn’t a presidential campaign manager out there smart enough to think, “Hm, we should throw a couple cameras at volunteers and have them film all these events so we don’t get caught up in any of the copyright snafus that our candidate has helped create over the years…” – I guess there’s a good career to be made in running campaigns if you don’t want a job that forces you to think…

Mike (profile) says:

Re: It's not fair use

Since one of the biggest parts is not profiting off the use of the materials, which any political candidate would definitely profit from. So, it is not fair use.

Actually, I think you misunderstand how fair use is determined. I’m not saying this is definitely fair use, but fair use isn’t based on checkboxes, but a combined test on all the different factors. You don’t get disqualified for just a single factor…

TheDock22 says:

Re: Re: It's not fair use

Actually, I think you misunderstand how fair use is determined. I’m not saying this is definitely fair use, but fair use isn’t based on checkboxes, but a combined test on all the different factors. You don’t get disqualified for just a single factor…

I could see if this political candidate paid FOX for some of the taping going on for the footage, but to have FOX cover all the costs of taping it and then turn around and use that footage for your own propaganda? I still don’t think this is fair use. Now if I took that footage and did something with it, I think that is more what fair use is intended for. I think FOX would come after me anyway though. =)

Mark Murphy says:

What Do CNN, ABC, and NBC Have In Common...That Fo

CNN, ABC, and NBC agreed to allow reuse of debate footage, but only after Lawrence Lessig and friends pushed the DNC and RNC to make it happen. Presumably, Fox declined.

@Anonymous Coward: That assumes that Fox and the RNC would let staffers in with cameras, and that staffer-managed cameras would provide adequate quality for the desired purpose. Neither are certain.

mike allen says:

whoose copyright

Surely it could be argued that a copyright may not belong to FOX for example here if a candidate has previously stated his/her policy on an issue and that is restated in a debate on FOX then surely that copyright is the candidates not the TV station. therefore the audio track is the candidates copyright the video is a differant matter as FOX toke the footage. simple answear run the audio over your own footage.

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