by Mike Masnick
Fri, Aug 12th 2011 5:34pm
The Associated Press has a history that suggests it doesn't like fair use, even though its reporters and staff rely on it constantly. Yet, perhaps the AP is finally putting its money where its mouth is and will no longer rely on fair use at all. As Tim Lee points out, in this video clip the AP put together of the GOP presidential candidates' debate, there is no footage of the actual debate shown, and the AP says (at about 28 seconds) that "Fox News Channel did not allow AP to select excerpts of the debate for use in this online video story."
But, of course, short clips from debates are always used by competing news channels and they know that it's protected by fair use. There's so much that's bizarre about that single line in the story when you think about it. Why would AP ask permission in the first place? The whole point of fair use is that you don't need permission. Why would Fox deny the permission? Fox relies on fair use just as much as others do, and "denying" another news provider seems likely to come back and haunt them. Why didn't the AP use the video clips anyway and stand up for their basic fair use rights?
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