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

from the fair-use-be-damned! dept

Mon, Oct 29th 2007 12:08pm — Mike Masnick

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.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: copyright, fair use, john mccain, mitt romney, presidential candidates, rudy giuliani
Companies: fox

14 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Anonymous Coward, 29 Oct 2007 @ 12:28pm

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...
[ link to this | view in thread ]
_Jon, 29 Oct 2007 @ 12:43pm

And Fox pro'lly wonders why the Dems wouldn't attend the debate they hosted....
[ link to this | view in thread ]
TheDock22, 29 Oct 2007 @ 12:47pm

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.

I understand why Fox did this though. They do not want to be tied as supporting any candidate in particular, which is completely fair.
[ link to this | view in thread ]
Mark Murphy, 29 Oct 2007 @ 12:48pm

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.
[ link to this | view in thread ]
Mike (profile), 29 Oct 2007 @ 1:19pm

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...
[ link to this | view in thread ]
Anonymous Coward, 29 Oct 2007 @ 1:46pm

Re:
whoever runs the debate probably doesn't allow anybody else to film it. i don't have much love for some campaign managers, but lets not insult them over things out of their control when there are plenty of other things we can get upset about.
[ link to this | view in thread ]
Brad Eleven, 29 Oct 2007 @ 1:52pm

@Murphy
I wouldn't be at all surprised to learn that FOX had sewn up the rights to film & rebroadcast these debates, e.g., no one can show footage from the debates without the express written consent of FOX Broadcasting.
[ link to this | view in thread ]
TheDock22, 29 Oct 2007 @ 2:06pm

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. =)
[ link to this | view in thread ]
Max Powers at http://ConsumerFight.com, 29 Oct 2007 @ 3:32pm

Fox gets it right this time
No way should that footage be allowed on a candidates website without permission. Simple and clear. And I agree that no candidate wants or needs a legal battle at this time.
[ link to this | view in thread ]
Joe Smith, 29 Oct 2007 @ 6:42pm

what goes around
Fox has to be out of its mind. They are threatening to embarrass or sue people most of whom will have continuing political clout in the future and one of whom may be President. Imagine how much sympathy they will get in the future when arguing for the rights of copy-right holders.
[ link to this | view in thread ]
Killer_Tofu (profile), 29 Oct 2007 @ 8:07pm

Re #10, Joe Smith
They will get the same amount of sympathy they always get, however much they pay for.
[ link to this | view in thread ]
mike allen, 30 Oct 2007 @ 1:26am

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.
[ link to this | view in thread ]
Uncle Bob, 30 Oct 2007 @ 8:57am

I can only wait for this to back fire on Fox and the very people they are screwing with get into office and its pay back time! Of course the Republians has such high ethical values that they would never let something like this bring about any kind of retaliation of any kind. Ha!
[ link to this | view in thread ]
Matt Bennett, 31 Oct 2007 @ 8:11am

Like to point out that the FOX that owns the Simpsons, and FOXNews, while technically co-owned, are extremely separate organizations.
[ link to this | view in thread ]