Discussion for article #241493
Hey lawyers: is this fair use? Somebody said something on a news program and you briefly excerpt?
Also, when a campaign uses somebodyâs music and that somebody doesnât like it, isnât there a mandatory license that makes it moot, as long as ASCAP gets their cut? Just askinâ.
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Sounds like Fair Use to me.
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This seems really weird. I recall countless ads that use news footage.
Like here:
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In 2012 NBC made the same complaint against Obama and asked him to stop. Good luck boys.
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Andrea Mitchell has been relentless in her coverage of the phony email scandale and doesnât miss an opportunity to hammer the âtrouble for Hillaryâ meme. Seems to me turnabout is fair play in this case in particular.
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NBC is upset that they actually reported news/truth in this case. In particular Andrea doing some actual news reporting.
Over the air TV is âfair useââŚBut, as any Comcast cable user understands, inept Comcast likely wants some cash for it.
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Well, lets flip it around, shall we?
Where does NBC get off and reporting on Clintonâs emails? Those were clearly a product of her creative processes and NBC has not offered her any sort of compensation to use them and quote them on the air.
What? Thatâs news, so of course NBC has every right to cover them.
Everything a news organization releases on the air, is by definition, also news.
The first test goes back to the intention of copyright law. Does the use in some way enrich the general public? A politician presenting her case to the public most definitely passes that test. It advances knowledge, which in this case, is the knowledge regarding how the âemail nonscandalâ is indeed, a non scandal.
Another consideration is, is this transformative, or merely derivative? It clearly is not just a rehash of NBCâs report and most definitely is transformative. Its packaged together in a new manner, along side other news organizationsâ reports to draw a different conclusion, in light of McCarthyâs statements. (which of course were said on a news showâŚyet everybody in the universe has quoted and reshown those commentsâŚincluding NBC using Fox footage since it was a Fox show).
Now, I am not intellectual property attorney, but it certainly seems to me that NBC doesnât even have a stump to stand on, let alone a leg.
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Brian (cough) Williams (cough)âŚ
Itâs especially great that Mitchell, one of Clintonâs main detractors, is included. Schadenfreude, indeed!
Tell you what. When NBC sues all the past Republicans who did the same or at least gets an apology from each and every one of themâŚthen and only then should Clinton drop said use and send a similar letter.
Short of that, NBC can go f*ck themselves, I say!
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I was surprised to hear Andrea Mitchellâs voice in that ad. If this is fair use, the lady doth protest too much.
Hmmm. Wonder why.
Ha! I donât watch her and could only guess, correctly it appears, that Andrea was dragged, kicking and screaming, to the truth well.
I get you. But the Williamsâ statements WERE news, in that he was making up stuff. And his statements were widely used by other news organizations in reporting on that. Clearly, Williams was using his creative processes there, yet not a single peep out of NBC.
Oh, Iâm not disagreeing with you. Every electron broadcast in what the owners themselves classify as news is broadcast news. The slow, multi decade long withdrawal from traditional, factual news is also news.
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LOL Now even more people will view the ad.
Especially since wall-to-wall Hillary email coverage is contributing to NBCâs profit margin.
âNBC News in no way authorized them to use any of our material and we had no idea this was coming,â Mitchell said Tuesday on her show, according to Politico.
Yeah, bullshit. NBC may not have authorized them to use your material Ms. Greenspan, but you sure provide them enough Clinton-bashing on a daily basis with your backhanded remarks, which allude to your non-stop blah-blah about what you perceive are problems in Clintonland. Maybe your boss says he isnât OK with it, but you know that you tacitly approve of this use, donât ya ? Truth is, Andrea is happy to provide Republican interest groups with their soundbites. Anyone whoâs ever listened to her would know this.
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17 U.S.C. 107
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall includeâ
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.Couple of things:
Fair use usually turns on whether there is a commercial profit to be made from the use. I donât think there is a copyright issue here and I think thatâs expressly shown in the fact that NBC has not demanded that she take the advertisement off the air.
I could be wrong because intellectual property law is litigious and the statutes are old and out of step with the times, so much of what we enforce is based on what was determined in litigation. Iâm pretty sure sheâs fine here.
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