ABC Sports Threatens To Hit Tim Pawlenty With Copyright Infringement Claim Over Miracle On Ice Footage

from the copycats dept

Back in April, we noted that Canadian Prime Minister Stephen Harper had created a commercial that many people noted looked like a copy of a campaign ad for Tim Palwenty, just substituting Canadian scenery for American scenery. In that post, we also noted that Harper had apparently failed to properly license the hockey footage he used as a part of the commercial. Well, now it seems that Pawlenty is copying Harper… in choosing not to license hockey footage. Pickle Monger alerts us to the news that ABC Sports says it’s going to send Pawlenty a cease & desist for using footage from the famous “Miracle on Ice” 1980 Olympics match in which the underdog Americans beat the Soviets. ABC says that the footage was not licensed — especially the use of announcer Al Michaels — and that they were considering sending a cease & desist. Of course, I’d still argue that this kind of usage should count as fair use, but for the most part, uses like this are not seen as fair use.

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Companies: abc, disney

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Comments on “ABC Sports Threatens To Hit Tim Pawlenty With Copyright Infringement Claim Over Miracle On Ice Footage”

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24 Comments
E. Zachary Knight (profile) says:

Re: My god! A cease & desist letter!

I think it is a pretty good illustration of the absurdity of the current IP “ownership” mentality many companies.

Seriously, how many people actually care about a game played in 1980 let alone actually watch it? Any person who actually has any interest in it will read about it rather than search for a clip of it buried in a politicians campaign ad.

Ron Rezendes (profile) says:

Re: Re: Re: Disagree on fair use

Agreed, he is using the video to try to win an elected position that will pay him above the board quite nicely and the backroom deals which pay considerably more.

This one is barely gray in my eyes, pay up Pawlenty, or quit using it.

Better yet, get some of your congressional buddies together and let’s change the copyright laws to a “beyond reasonable” time frame of 20 years and be done with this nonsense!

Win-Win!!

Anonymous Coward says:

Re: Disagree on fair use

… political environment.

As Eldred re-emphasized, fair use is one of copyright’s builtin accomodations for the first amendment.

There are two slightly competing views of the expression protected by the first amendment. One view is that political speech is at the core. The second view is that scientific and educational expression is just as important as core political expression.

Gwiz (profile) says:

Re: Re:

Mike Masnick’s defintion of fair use: using someone else’s property whenever they feel like it.

Um..no. I would assume Mike’s definition of fair use is the legal one. You know, the one written into the Copyright Act of 1976.

Here is an overview of it from the U.S. Copyright office, just in case you are not familiar with it:

http://www.copyright.gov/fls/fl102.html

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