Friday, February 10, 2012

GOP Retracts Pelosi Piracy Claims

February 15, 2007

The House Republican Study Committee on Thursday accused House Speaker Nancy Pelosi of violating copyright law on her new Web log by posting video segments from C-Span but quickly retracted its statement after a C-Span official said the usage is legal.

Pelosi spokesman Brendan Daly called the claim a "baseless attack by the Republicans" and "another desperate attempt to avoid focusing on the real issues that affect the American people." Lawyers for Pelosi and C-Span independently determined the video "is in the public domain and does not violate copyright law," Daly said.

The House and Senate floor footage "belongs to the American people," a C-Span spokeswoman said. "The content was produced using cameras owned by the government, not by C-Span. The video is not ours to claim a copyright on."

The RSC staffer that contacted C-Span "posed a very general question" about the network's IP protection policy and did not indicate that a press release was being issued, the spokeswoman said. "Had we known they were talking about House floor footage, we would have provided a more nuanced answer," she said.

A spokesman for RSC Chairman Jeb Hensarling of Texas would not discuss why the staff questioned the integrity of Pelosi's video or how it mistakenly concluded Pelosi was infringing. "Copyright and trademark law is very complex, [and] I'm not a lawyer," he said.

The first entry on Pelosi's blog, "The Gavel," dates back to Feb. 6, but it was not officially launched until this week. In its first release on Thursday, the RSC applauded Pelosi's efforts to adapt to new technology but said more than 16 entries were posted "on the very first day" that trampled the intellectual property rights of C-Span, a cable-industry-financed nonprofit.

The release also said the video was being used in a partisan way because Pelosi's blog only "shows Democrat after Democrat offering their views of the non-binding Democrat resolution on the reinforcement and realignment of American troops in Iraq."

The RSC noted that one of Pelosi's first decisions as the chamber's top Democrat was to deny a request by C-Span to be permitted to cover the House floor proceedings with its own cameras. Last month, Pelosi sent a letter to network CEO Brian Lamb, saying she believed "the dignity and decorum" of the House "are best preserved by maintaining the current system of televised proceedings."

Before the RSC debunked its own statement, Internet experts issued several reactions to the news that hit on the complicated nature of IP law.

John Palfrey, who heads Harvard University's Berkman Center for Internet and Society, said in an e-mail that creators need to be compensated for their work, "but so, too, must we make space in our society for serious debate and commentary." He added that "intellectual property law shouldn't be used to stifle that debate."

Julie Barko Germany, deputy director of the Institute for Politics, Democracy and the Internet at George Washington University, said Web video "truly has become the wildest west of the Internet. ... Everyone wants video" because it is seen as the medium of the moment, she said.

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Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.