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.

Posted by: Old Grouch in Linkage at 16:31:26 GMT | No Comments | Add Comment
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