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I'm trying to figure out what is the property of ABC given that the airwaves are the property of the people of America...

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.

I have no idea of whether this would fall into the "fair use" category, but it might, since the clips are short. I suspect that by the time ABC could do anything about it, the ad will have run its course.

The Swifties are certainly doing quite well at generating controversy and getting a lot of free publicity.

I would tend to think this falls under "fair use" too. However I'm more knowledgable of a software/literary copyright and am aware that broadcast and rebroadcast of video and recordings follow some pretty complex rules. So who knows.

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.

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.