Monday, 20 April 2009
CNN comes out for “fair use†in reporting
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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:Many fair use cases are difficult, close calls--but, given the facts as I know them, this is an easy one.
- the use is transformative (for critical comment);
- the CNN footage is factual, not fictional, and was previously broadcast;
- the amount used is small in relation to the whole CNN broadcast; and
- 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).
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