NBC News Doesn't Understand Fair Use; Demands Mitt Romney Remove Ads That Use TV News Clips
from the oh-please dept
Here we go again. Four years ago, during the presidential campaign, we had CBS News threaten the McCain campaign for using some news footage clips in a campaign ad. And here we are, four years later, with NBC Universal demanding that the Romney campaign remove an ad it’s using against Newt Gingrich, making use of old TV news footage. This strikes us as bizarre (and ridiculous) as it did four years ago. In many cases, these ads are likely to be considered fair use. But, secondly, is it really any harm to NBC News if Romney uses classic footage? I mean, the news reports are what NBC News had reported in the past. Essentially acting like it hadn’t — by trying to block the use of the footage — just seems silly.
NBC, of course, wants to claim that this is about not having its newscasters be seen as “endorsing” a candidate. Again, however, that’s ridiculous. No one is going to see these reports and think that the Tom Brokaw from the 90s was magically endorsing a candidate running for President today. I just can’t see how or why NBC Universal would make this move. Not only does it make the company look petty, it also calls that much more attention to the ad that they thought they were going to kill.
Filed Under: copyright, fair use, mitt romney, newt gingrich
Companies: nbc universal
Comments on “NBC News Doesn't Understand Fair Use; Demands Mitt Romney Remove Ads That Use TV News Clips”
Petty
“Not only does it make the company look petty,”
At least in this case, looks are not deceiving.
So if I see footage of Brokaw commenting on a train accident, I’m to believe he is…approving the train accident?
And don’t news shows use other networks’ news footage (with or without newscaster) all the time when talking about past events?
It’s not CBS and NBC news. Fox News sued a few democrats in the last few years for using some Fox News clips of Fox reporters attacking republican candidates in their ads.
Of course Fox News was totally silent when republican candidates did the exact same thing in their ads attacking democrats.
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Isn’t fantastic how copyright can be used to censor political speech and get away with it?
And people wonder why granting exclusion powers to idiots is a good idea.
NBC Universal are only doing this because they can. if they could be penalised because doing it is wrong, they wouldn’t do it.
Re: Legalities
It’s only barely illegal to bring farcical lawsuits against people.
Re: Re: Legalities
and yet copyright trolls flourish in the US…
Re: Re: Re: Legalities
Well, the idea of copyright trolls, anyway. It’s sort of like the Myth of the Gunslinger in Wild West folklore.
Re: Re: Re:2 Legalities
So there are enough around to make you look over your shoulder every time you go outside, even if your chances of getting shot are phenomenally low.
Re: Re: Re:2 Legalities
Idea of copyright trolls? Copyright trolls are a myth? Son, the eastern distract of texas is not a fairytale.
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Right things are only wrong if they are illegal, now if you will excuse me I have to get back to walking around insulting pregnant women.
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No, they are doing as payback, for all the republican candidate coming out against SOPA and PIPA.
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We need SOCA – Stop Orwellian Copyright Abuse
and also...
Perhaps they shouldn’t allow Brokaw to be a guest on political talk shows…
Re: and also...
Hi, frankly speaking I had the same thinking..
Re: and also...
One better; Perhaps NBC should stay out of politics all together.
I think I’m with NBC on this one. Fair use would make sense if they were just showing a few seconds of a news clip and then commenting on it or adding to it in some substantial way. This commercial is nothing more than content taken from NBC and the federally required endorsement from the candidate. If I turned in a college paper that met the same standards I’d get kicked of of school for plagiarism.
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It’s only plagiarism if you don’t provide citation for the facts that were used. The clip is clearly credited at the beginning of the ad, so there’s no plagiarism occurring here.
Here’s the thing – the context was to demonstrate that in 1997, Gingrich was accused of some heinous crimes – showing the actual *NEWS* clips of the event is a powerful way to demonstrate that fact.
What’s missing is that he was eventually cleared of the charges, but that’s just petty political ad bullshit there.
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Then it comes down to how much of the article was used? Was it a half hour interview of which they used 30 seconds? Was it a two minute spot to which they used 30 seconds?
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Not only is it not plagiarism since the source is cited, but plagiarism has nothing to do with copyright law. It’s all about whether or not the content was authorized to be used or whether or not the usage of the content needed to be authorized.
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Sorry Brad but when the only historical evidence of someone saying something, especially politicians, is a news clip, then I believe it becomes more than a news group owning something. Its benefit to society greatly outweighs ANY profit, or profit loss, claimed by said news co. and should not be copyrightable.
“If I turned in a college paper”
This isn’t school, its life.
Think of the talent
Having licensed NBC footage in the past for various projects, the usual refrain involves the on-air talent’s rights as individuals: “No problem letting you use that clip. However, we can’t give permission for you to use the newscaster’s likeness… that needs to come from them.” Which means “no”.
Re: Think of the talent
Blur his likeness.
It will be fantastic to see how copyright affects politics if they are forced to do it in public.
Re: Re: Think of the talent
Its really stupid that it needs to be done in the first place. If Brokaw was willing to do the story in 97, he shouldn’t be trying to hide it now.
The use of the clip in Romney’s political ad here in Florida is undoubtedly fair use.
The title of this article is undoubtedly poetic license stretched to its elastic limits.
“Request” and “demand” are not at all synomyms, and yet you use them as such.
By the way, there is no mention of a DMCA takedown notice. It seems to me this should have been a clue to you that this is a private matter, and not a legal one.
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So, if I request you remove your right arm rather than demand it, that somehow changes the fundamental nature of the request?
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Yeah, the letter written by NBC lawyers is certainly just a “request” and not a “legal matter” at all.
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I am pleased you agree with my comment.
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Sigh.
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So may I presume you had no answer to my comment?
Quick shutdown the campaign website, freeze all assets, and delete the data within a week or two.
Give Mit a break the guy is battered already.
Bloomberg’s amazing — and rejected — Mitt Romney cover
http://boingboing.net/2012/01/26/bloombergs-amazing-and-re.html
http://boingboing.net/2012/01/27/in-russia-tiny-protest-sparks.html
Wall-E supports opposition of Vladimir Putin in Russia!
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Sorry that should read Disney not Wall-e.
I’m not sure I agree with you on this one…
Newt was eventually vindicated against all of the issues brought up by the newscaster… by only showing a newscaster talking about charges (without fully stating that Newt was later found innocent) – this should be considered misleading and/or libelous. I’m no fan of Newt’s, but I would have to agree that this charge is unfair and sneaky.
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Unfair and sneaky probably but it should get brought down by Newts not NBC and not for copyright reasons.
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“this charge is unfair and sneaky”
Jailbait is new to politics. Welcome aboard.
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As a voter you should do your own due diligence and look up what that was about on your own if you don’t remember that personally.
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Copyright is not a tool for major corporations to use to protect third parties (or anyone else) from misleading statements or defamation.
Join my Facebook Group Boycott Big Content.
NBC & The rest of the Big Studios need to be taught a lesson by the people and for the people.
I hate anything that has to do with the MPAA/RIAA
This News Story did not surprise me at all.
I’m trying really hard to think of a way in which this applies to archived news stories from 15 years ago; but I can’t. I guess that means I’m not smart enough to be a member of Congress.
NBC should ask Disney to send the Mickey Troopers.
Copyright is to democracy what Pedobear is to children.
This is exactly why we need bills like SOPA/ACTA to put a stop to such blatant copyright infringement! How can any hard working artist hope to survive against such piracy of their hard work? Millions of people saw their logo without paying for the privilege!!
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not bad.
I can certainly understand why NBC news would have issue with this. The way Romney is using the newscast, could be perceived as NBC news attacking Newt and endorsing Romney. To maintain a non-bias news perception, NBC wants to ensure that they are not perceived as favoring one candidate over another.
I understand the whole fair use side of the argument, but I can also see a strong push to keep the News in a non-biased position, and Romney’s use of this news cast could certainly bring that into question, even though NBC and Brokaw had nothing to do with the ad.
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Still has nothing to do with copyright, which is the bludgeon they’re trying to use. If anyone has a dog in the fight it’s Gingrich, not the news organization.
Who is "US" ??
This strikes us as bizarre (and ridiculous) as it did four years ago.
Who is “US” ??? Masnick, dont you have the balls to use ME
It is typical of your type of personality, the use of “US” means that you can defer responsibility to ‘someone else’.
It is a shame that you are willing to make claims and accusations (usually false), but do not have the balls to put your own reputation and personal mark on those statements.
Or is the use of “us” some kind of assumption that we all believe everything you say as accurate, balanced and/or true ?
The constant use quotations from others is another example of your clear lack of balls. You simply do not have to balls (or intellect) to form your own opinions, so you constantly have to steal the opinions off others to make your ‘case’.
Re: Who is "US" ??
Oh, right. Clearly someone who places his name for everyone to see has less balls than someone who conveniently forgets to sign a name that has little more credibility than a pseudonym. What’s your full name, “darryl”, and what’s your stake in all this?
More Lamestreammedia bias
The Lamestream media supports the as is socialists and don’t want any one who has a chance of disrupting their monopoly and comfy relationship with the corrupt government to succeed. Purely partisan politics.
Dead men can't endorse...
It’s a shame this wasn’t done by ABC news. I would have loved to hear them argue that Peter Jennings was secretly endorsing Mitt from beyond the grave.