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...
- David Bowie's Legacy On Copyright And The Future Of Music
- It's 2016 And The EU Is Just Now Getting Ready To Decide If Hyperlinking Is Legal
- NBC, Filthy Pirates, Sued Over Use Of Photographer's Work Without Permission
- 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