by Mike Masnick
Tue, Oct 12th 2010 5:58pm
We recently wrote about News Corp.'s slightly odd decision to sue a political candidate, Robin Carnahan, who used a clip from Fox News (of Chris Wallace attacking Carnhan's opponent, Roy Blunt). Carnahan has hit back, and beyond just arguing the obvious fair use defense (which seems like it should win), Carnahan points out that, first, Fox failed to register the copyright on the 2006 program until after it filed the lawsuit. As has been discussed here many times, while you get copyright automatically, if you want to sue over it, you generally have to have registered the copyright (the law is a little hazy here). Even worse, Carnahan's lawyers point out that a large segment of the clip that was used actually comes from C-SPAN, whose works are automatically put into the public domain. In other words, Carnahan's lawyers appear to be accusing Fox of copyfraud, in claiming copyright over public domain materials. If this gets anywhere, Fox and News Corp. may end up regretting filing this lawsuit quite a bit...
If you liked this post, you may also be interested in...
- Wikimedia Takes Down Diary Of Anne Frank, Uses It To Highlight Idiocy Of DMCA Rules, Copyright Terms
- Dish Agrees To Cripple Its Ad-Skipping DVR To Settle Fox Lawsuit
- Law Students Line Up Behind 'Baby Blue' -- Will Harvard Law Review Sue?
- TV Industry Starts Running Fewer Ads To Combat Netflix, Cord Cutting
- Latest TVEyes Ruling A Mixed Bag: Archiving & Sharing Privately Is Fair Use; Downloading & Sharing Publicly Is Not