ABC NEWS v. SWIFTBOAT VETS

DRUDGE REPORT, ABC News ^ | 9/17/04 | tucker39

[Tucker39]

Swift Boat Controversy ABC News Objects to Group’s Use of Good Morning America Footage in New Swift Boat Ad.

[dr_who_2]

[treeclimber]

[Iron Eagle]

Copyrights and IP are not my area of expertise, although, as an attorney, I have been part of litigation involving such subjects.

Here's my view.

The statements may be used by anyone, as they are true, have been published, and have been put into the public domain. The difference, is, I think, that the video clip itself, is the property of ABC NEWS. (It owns the right to film it makes and the pictures it produces as a result of its interviews, sets, investigation etc.)

So -- If the Swift boats just want to put on a screen Kerry's words, or if they want to have someone read those words, that would not be a problem.

The use of NBC's tape is the issue.

Obviously, the commercial is going to be much stronger when people can evaluate Kerry as he says the things he says.

That's my guess. I am sure some other Freeper attorneys might have a greater depth of the law in this area than me.

(It's like watching the 86 mets. We all know what happened, we all know who won, millions watched the game, but we cannot copy or reproduce the film copy without "the express written consent" of Major League baseball.

[dr_who_2]

[crushelits]

.

NATIONAL MEDIA

ABC News, 20/20, http://www.abcnews.go.com/sections/2020/2020/2020friday...
ABC News, Barbara Walters, 2020@abc.com
ABC News, George Stephanopoulos, thisweek@abc.com
ABC News, Good Morning America, http://www.abcnews.go.com/sections/GMA/GoodMorningAmeri...
ABC News, John Stossel, 2020@abc.com
ABC News, Nightline, nightline@abcnews.com
ABC News, Primetime Thursday, http://www.abcnews.go.com/sections/primetime/2020/Prime...
ABC News, Ted Koppel, nightline@abc.com
ABC News, This Week with George Stephanopoulos, http://www.abcnews.go.com/sections/ThisWeek/ThisWeek/tw...
ABC News, World News Now overnight, http://www.abcnews.go.com/onair/WorldNewsNow/wnn_email_...
ABC News, World News Tonight weekend, http://www.abcnews.go.com/sections/wnt/WorldNewsSaturda...
ABC News, World News Tonight with Peter Jennings, http://www.abcnews.go.com/sections/wnt/WorldNewsTonight...

[JENINMO]

The networks also admonished the Kerry campaign for using footage, they're at least being consistent

[Yellow Rose of Texas]

I'm starting to think these Swiftvets are strategic geniuses. No wonder they've gotten so much out of their relatively-modest budget. They seem to have mastered the art of getting leverage for their stories by using the MSM as a fulcrum.

STRATEGY - Generalship, military service, ...

STRATAGEM - scheme, plot, ... trick,...

THE SYNONYM FINDER, J.I.RADALE (1898-1971)
WARNER BOOKS, 1986

These folks are military vets. Their jobs were to plan and execute orders. I agree with your essesment, btw. Based on the above synonyms, I think Bill Burkett's stratagem failed. I pray for Mr. Burkett's continued good physical health.

[Syncro]

If the swifties can't use short snips from the tape then fair use doesn't exist and all use of clips could not be utilized.

FR would have to shut down too.

The clips are public domain anyway, the originals appeared on MY TV screen, so were mine then.

If they don't want fair use laws to allow others to use snippets of their material, they need to not ever show it.

Especially over OUR airwaves.

Yours and mine....and theirs to use for a fee and to follow the public service rules.

[BearCub]

I am not a lawyer, but I think that ABC has a copyright on everything it generates, even recordings of newsworthy events and public figures. Maybe a lawyer could chime in on this and whether footage being from a pooled newsfeed would make a difference.

Not a lawyer, but the chances of ABC being able to do anything are virtually nil for two reasons - (a) the ads only run for a couple weeks at most - it will take months or more for a lawsuit to wind its way through the system, and (b) there is no damage - the swifties aren't profiting and ABC isn't losing profits. There is virtually no way ABC could see a dime from the non-profit swifties, who will probably disband shortly after the election, giving their remaining bankroll to the RNC or charity.

[CurlyDave]

I completely agree with your analysis of the situation.

The best that ABC could hope for is a court battle followed by an injunction to stop showing the footage--any "damages" would not be settled for years.

In all probability an injunction would take until after the election and the court battle would give the Swifties lots of free publicity.

I hope ABC pursues this.

[Future Useless Eater]

ABC beams its electro magnetic waves into my yard, my living room,
my bedroom etc, all without my permission.

So if they object at what I do with their signals, they are
hereby on notice to keep their signals off my property.

I believe the FCC ruled in the 40's that signals beamed
out into private property were fair game for anyone being
bombarded.

[InterceptPoint]

I'm not thrilled with this ad. It looks like Kerry's words are being manipulated through selective editing. I would re-edit it and drop the video.

I agree with you. The choppy editing just looks bad. The Swiftboat Vets are not Michael Moore and don't need to use his techniques. Their heart is in the right place but it just looks bad. Time to move on. Drop this ad and get on to the next one.

[Future Useless Eater]

The portions they left on the cutting room floor belong to them.

The portions they used to bombarded my property with Electro Magnetic Waves are fair game for me or anyone else similarly bombarded. -FCC

[Optimist]

"Serpentine! Serpentine!"

(from "The In-laws" .....the original one with Alan Arkin and Peter Falk