----- Original Message -----
From: "Tom Wolper" <twol...@gmail.com>
I thought news footage was covered under fair use and I also assume
the Romney campaign did not offer any money to NBC News.
I'm not going to pretend to be a lawyer -- and I haven't stayed in a Holiday
Inn for about a month -- but here are the four major (but not exclusive)
factors in determining whether the use is considered fair, as cited by 17
U.S.C. ยง 107 of the U.S. Code{1}:
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.
According to the "USA Today" article, the commercial is almost wholly the
"NBC Nightly News" story, which would seem to violate #3.
I suppose the Romney campaign could claim it as satire, using the news
report to comment on Newt's behavior -- but I'd find it unlikely. Satires,
according to the Wiki{2}, are more difficult to claim as fair use than with
parody, but not impossible.
{1}http://www.law.cornell.edu/uscode/17/107.html
{2}http://en.wikipedia.org/wiki/Fair_use#Fair_use_and_parody
_ _
|_>|_> Brad Beam- Belle WV
|_>|_> http://www.facebook.com/74bmw
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