Truth Before Dishonor

I would rather be right than popular

Media Attack Dog Gets Smacked Down

Posted by John Hitchcock on 2009/04/19


I agree with Patterico. Everyone needs to upload this video to YouTube and everyone needs to embed it in their blogs. Don’t let CNN’s thuggery violate “fair use” laws without a fight.

From Ben Sheffner of Copyrights and Campaigns:

CNN does own copyright in its own news footage and, as a general matter, has the right to demand its removal from YouTube. However, as to this particular video, I think Founding Bloggers has a very strong fair use defense. The purpose for Founding Bloggers’ posting of the CNN footage is crystal clear: to comment on and criticize CNN’s reporting on the “Tea Party.” Such a use is right in the heartland of the fair use doctrine; the statute specifically mentions “criticism, comment, [and] news reporting” as protected uses that are “not an infringement of copyright.” 17 U.S.C. § 107. To quickly run through the four fair use factors as they apply here: 1) the use is transformative (for critical comment); 2) the CNN footage is factual, not fictional, and was previously broadcast; 3) the amount used is small in relation to the whole CNN broadcast; and 4) any effect on the market is minuscule (and if fewer people watch CNN because this video causes them to think less of its coverage, that’s simply not cognizable harm). Many fair use cases are difficult, close calls–but, given the facts as I know them, this is an easy one.

Visit Patterico’s and Ben Sheffner’s sites and read what they have to say, then upload the video onto YouTube and embed the video into your own blogsite.

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