Mitt Romney To Fox News: Here's A Lesson In Fair Use

from the fair-use-on-the-campaign-trail dept

Who thought that the presidential campaigns would have anything to do with copyright issues? If you said yes, you'd be in a small group. However, as we pointed out last week, Fox News has been sending cease-and-desist letters to Republican candidates for using snippets of the Republican presidential candidate debates in their ads and on their websites. Other networks have agreed to allow the content to be used freely, but not News Corp.-owned Fox. We figured that most candidates would back down rather than getting tangled in a legal battle, but that might not be the case. Against Monopoly points out that Mitt Romney's campaign sent Fox News a letter describing the campaign's use of the material as clearly falling under "fair use". Fox News has shot back that it does not, but so far that seems to be as far as things have gone. Where it will get interesting is whether either side is willing to file an actual lawsuit (News Corp. being much more likely to actually file, but the Romney campaign could always try to get a declaratory judgment). Considering how little attention gets paid to copyright issues during presidential election cycles, this may be about as close as it gets.

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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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Romney Learns About The Pitfalls Of User-Generated Content

from the setting-america-straight dept

In late August, the Romney presidential campaign unveiled a create-your-own-ad contest that gave Mitt Romney supporters the opportunity to create a television ad that the campaign would air in New Hampshire. Well, the winner was announced last week. Unfortunately for the Romney campaign, Bruce Reed, a Democratic strategist turned blogger, submitted his own entry, a hilarious video making fun of Romney. At one point Reed's video had more page views than all the official finalists put together. As a result, the contest wound up mostly giving Romney's critics an opportunity to make fun of him.

It's a problem that often crops up when people try to mix the top-down structure of a campaign or a company with the bottom-up ethos of user-generated content. Often, the users don't generate the kind of content you were expecting. Romney's experience demonstrates a couple of important points about the challenges of harnessing user-generated content that we can glean from the open source world. One lesson is that it's a bad idea to pin all your hopes on one big product release. Open source projects have found that it makes more sense to release stuff as it's ready, rather than trying to commit to finishing particular features by a particular date. By the same token, instead of promising to spend tens of thousands of dollars airing a single winning ad, Romney could have made it a weekly contest, with a small cash prize to each week's winner. That probably would have generated just as many entries, created more enthusiasm, and made it a less juicy target for the pranksters of the world. If someone made a really good ad, they could still run it on TV if they wanted to, but they wouldn't be forced spend a lot of money airing an ad that wasn't very good. It would also allow them to have a sense of humor about critical ads instead of trying to block them all from the site.

A more fundamental point, which also comes from the open source world, is that good user generated content is almost always the product of an enthusiastic and cohesive online community. Every significant open source project has a tight-knit community of developers, and Wikipedia is run by several hundred volunteer editors. User-generated commercials are no different. The more people there are creating videos, commenting and voting on other peoples' videos, and policing potential vandalism, the more likely the contest will turn out to be a success. Of course, a community of enthusiastic supporters has uses far beyond producing free TV ads. That's why it's silly to do user-generating content as a one-time, high-profile event. Not only is such an effort less likely to succeed on its own terms, but it also misses the opportunity to harness the interest the contest generates into building longer-term relationships. If people participate in a contest and then never come back to the site, that's a huge missed opportunity. Of course, none of this is unique to candidates; the same principles apply to companies: user generated commercials can work brilliantly for companies, but they're best seen as an integral part of a continuing relationship with your most enthusiastic online customers, not as a one-off publicity stunt.

Timothy Lee is an expert at the Insight Community. To get insight and analysis from Timothy Lee and other experts on challenges your company faces, click here.

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