Uh-oh. Robin Carnahan's troubled senate campaign just got slapped with a $75,000 lawsuit from Fox News for infringing on copyrights. The lesson: Don't steal 24 seconds of apparently unedited footage from a company's TV show, no matter how juicy it is.
The fair and balanced folks claim in a federal lawsuit filed in Kansas City
Wednesday that the spot "made it appear -- falsely -- that FNC and
Christopher Wallace, one of the nation's most respected political
journalists, are endorsing Robin Carnahan's campaign for United States
Senate." The suit goes on to say Wallace was harmed by the ad,
and it caused him "emotional or mental distress and suffering."
Carnahan's ad, called "Cleaning Up the House," attempts to make Roy
Blunt
look like such a sleaze that even Fox's pundits think he's jerk. In the
clip, from a broadcast in 2006 when Blunt was vying to be house majority
leader, Fox's Wallace
uses a graphic to point out some of Blunt's less tasteful political maneuvers:
The ad has been scrubbed from most sites, but the Post-Dispatch
still has it up.
Carnahan's camp is scrambling to punch back -- with wit! Visitors trying to watch the ad on her campaign website are met with this snide message:
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I stumbled on this article on Bing although I was seeking something similar, but I just wanted to say fine stuff and I totally agree. Is there any method to subscribe to fresh content?
No, it's not like the NFL, because this case could be decided in favor of fair use. The ad isn't a rebroadcast. It's an excerpt. The Fox logo is clearly shown. The case will probably be determined by the interpretation of the presiding judge.
From the Star today:
The Carnahan campaign�s decision �in stealing only certain footage from the FNS (�Fox News Sunday�) interview is also false and misleading,� the suit alleges. �Wallace�s tough questions were included, but Blunt�s answers and explanations were not.�
Jean Maneke, a Kansas City media lawyer, said no case law exists for a situation such as this one. She said the case could involve �fair use� law, which deals with the limited use of copyright material without requiring permission from the rights holders.
The key factor, she said, is whether the footage the Carnahan camp used could be classified as falling under the category of �comments or criticisms.�
�What we�re faced with here is a judge deciding, �Does this constitute a comment or criticism and therefore fall under fair use?�?� Maneke said.
The Fox complaint about copyright infringement is not unprecedented. Earlier this year, YouTube removed videos in response to a Fox copyright claim. The footage in question was being used by Democrats to promote a feud between Florida candidates.
It's like the NFL. You can't re-broadcast without permission. It's one of those "Doh!" moments. Carnahan's campaign knew better(or should have known better). Take the 75K from Carnahan's PR manager stipend. No more, no less.
Christopher Wallace, one of the nation's most respected political journalists
Respected by who? I wouldn't trust that sonofabitch any further than I could throw him.
His dad was a respected journalist. He's a walking advertisement against nepotism.
Ummm, yeah, why is it a copyright infringement? Anyone who is anyone knows that FOX won't be endorsing Carnahan, so that claim is a total joke.
You don't explain how this is a copyright violation. Please provide some more context.
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