On Sun, Jan 29, 2012 at 4:36 PM, Brad Beam <b.b...@suddenlink.net> wrote:
>
> 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_parodyMy understanding is that news is considered different from other content. There is an event covered by a news organization and there is the value added to the story by that organization. A news organization can only claim copyright for the added value. The clip used by the Romney campaign was a straight forward reading of the congressional reprimand. Brokaw was not adding commentary or information gained exclusively from sources so there was no value added. -- TV or Not TV .... The Smartest (TV) People! You received this message because you are subscribed to the Google Groups "TV or Not TV" group. To post to this group, send email to tvornottv@googlegroups.com To unsubscribe from this group, send email to tvornottv-unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/tvornottv?hl=en
