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To: CurlyDave
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.
103 posted on 09/19/2004 12:28:25 PM PDT by Iron Eagle
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To: Iron Eagle
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.
108 posted on 09/19/2004 2:02:46 PM PDT by Syncro
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