http://copyrightcommerceandculture.com/2009/10/21/npr-goes-after-yes-on-one-ads/#utm_source=feed&utm_medium=feed&utm_campaign=feed E59.1405, The Media, Culture, and Communications Department at the Steinhardt School of Education at NYU Fri, 18 May 2012 19:36:50 +0000 hourly 1 http://wordpress.org/?v=3.3.1 http://copyrightcommerceandculture.com/2009/10/21/npr-goes-after-yes-on-one-ads/comment-page-1/#comment-81 ebm16 Thu, 29 Oct 2009 05:17:45 +0000 http://copyrightcommerceandculture.com/?p=462#comment-81 I can definitely see why NPR would not want to be associated with such a campaign, especially as the clip used is completely out of context and does not include the surrounding commentary on NPR, making the news story come off very one-sided. The use misrepresents NPR, and I would see this case as involving moral rights were it not in America, where they are not in play. Aside from the amount and substantiality of the portion taken, I think that the other three factors would point to it not being a fair use as well, especially the effect of the use on the potential market. Portraying NPR as in any way biased as a news source would definitely infringe on its market of trusting viewers. I can definitely see why NPR would not want to be associated with such a campaign, especially as the clip used is completely out of context and does not include the surrounding commentary on NPR, making the news story come off very one-sided. The use misrepresents NPR, and I would see this case as involving moral rights were it not in America, where they are not in play. Aside from the amount and substantiality of the portion taken, I think that the other three factors would point to it not being a fair use as well, especially the effect of the use on the potential market. Portraying NPR as in any way biased as a news source would definitely infringe on its market of trusting viewers.

]]> http://copyrightcommerceandculture.com/2009/10/21/npr-goes-after-yes-on-one-ads/comment-page-1/#comment-79 dvbarros Thu, 22 Oct 2009 18:37:49 +0000 http://copyrightcommerceandculture.com/?p=462#comment-79 Its surprising to me the NPR is trying to issue a cease and desist for this type use. It seems like almost like an effort to remove themselves from the bias of the campaign. In terms of fair use, since the ad is centered around an issue of public concern, and was not made for a profit motive, NPR will have a difficult time tearing down a defense for fair use. This is interesting because its obvious that NPR as a news organization does not want in any way be perceived as biased, so when their objectivity is threatened they pursue anti free speech legal angels to stop it, even if they are not justified. I remember vaguely a quote from a judge concerning free speech, it must protect the speech you hate the most to be effective. Its surprising to me the NPR is trying to issue a cease and desist for this type use. It seems like almost like an effort to remove themselves from the bias of the campaign. In terms of fair use, since the ad is centered around an issue of public concern, and was not made for a profit motive, NPR will have a difficult time tearing down a defense for fair use. This is interesting because its obvious that NPR as a news organization does not want in any way be perceived as biased, so when their objectivity is threatened they pursue anti free speech legal angels to stop it, even if they are not justified. I remember vaguely a quote from a judge concerning free speech, it must protect the speech you hate the most to be effective.

]]> http://copyrightcommerceandculture.com/2009/10/21/npr-goes-after-yes-on-one-ads/comment-page-1/#comment-78 superhawk Thu, 22 Oct 2009 18:08:11 +0000 http://copyrightcommerceandculture.com/?p=462#comment-78 As Fair Use is supposed to be a pressure-valve for free speech, I'd say this is a pretty clear example of Fair Use. TV ads use clips and quotes from their opponents and the media all the time. Without the recording present, I don't think that NPR would have any copyright claim on just the quotations of the text. I see no real substantive difference between playing the recording and quoting it, other than the additional personal impact of a person's voice. Quoting or replaying a segment from a news source for the purpose of making a political message would seem to be the epitome of Fair Use. As Fair Use is supposed to be a pressure-valve for free speech, I’d say this is a pretty clear example of Fair Use. TV ads use clips and quotes from their opponents and the media all the time. Without the recording present, I don’t think that NPR would have any copyright claim on just the quotations of the text. I see no real substantive difference between playing the recording and quoting it, other than the additional personal impact of a person’s voice. Quoting or replaying a segment from a news source for the purpose of making a political message would seem to be the epitome of Fair Use.

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