'Fair Use' Flap: Fox News v. McCain

October 26, 2007

Technology Daily on Friday reported on Fox News Channel's copyright complaint against Republican presidential hopeful John McCain, who used a snippet from last week's GOP debate in a campaign advertisement.

The Arizona senator claims that the "fair use" principle of copyright law entitles him to use the video from the Fox-sponsored event and his team said it will not stop running the 30-second spot.

Read more about the controversy in the PM Edition and follow the jump to read the cease-and-desist letter sent to the McCain camp by Fox.

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October 25, 2007

RE: COPYRIGHT INFRINGEMENT NOTIFICATION:
CEASE AND DESIST

Dear ------- :

Please be advised that Fox News owns all rights and title of every kind in and to the GOP Debate which took place in Orlando, Florida on October 21, 2007 and which was telecast on the Fox News Channel, (the "Fox News Debate"). Fox News’s rights include, but are not limited to, the sole and exclusive right to broadcast, telecast, publish and otherwise disseminate the Fox News Debate in any and all media.

John McCain 2008 is hereby put on notice to cease and desist immediately from any further dissemination of any kind of the advertisement referenced below in any and all media, including on the website located at www.johnmccain.com/tvads (the "Website"), which Website is running a video campaign advertisement in support of John McCain entitled “Tied Up” and which advertisement includes an unauthorized clip from the Fox News Debate (the "Ad").

John McCain 2008 is also committing copyright infringement pursuant to the Digital Millennium Copyright Act ("DMCA"). As stated above, the Fox News Debate is the copyrighted material of Fox News, and Fox News believes in good faith that the use of the Fox News Debate is not authorized by Fox News, its agents, or the law and that it is an infringement of Fox News’s exclusive rights under section 106 of the Copyright Act, 17 U.S.C. Section 101, et.seq. Fox News demands that John McCain 2008 immediately cease and desist from any further use of the copyrighted material and that access through the Website to the Ad, the Fox News Debate or any portion thereof, and/or any other Fox News materials, be immediately disabled, and that an authorized representative from John McCain 2008 inform the undersigned of same in writing immediately.

The information in this letter is accurate and the undersigned is authorized to act on behalf of Fox News, the sole and exclusive copyright owner of the Fox News Debate.

Please understand that Fox News anticipates the full and immediate cooperation of John McCain 2008 in this matter. Also, please understand that Fox News does not hesitate to enforce its rights in these situations.

This letter is not intended to be a complete statement of the position, rights or remedies of Fox News. Further, nothing contained herein should be deemed to be a waiver of any of Fox News’s claims, rights or remedies, all of which are expressly reserved.

Sincerely,

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Juliana Gruenwald

Tech Writer

E-Mail: jgruenwald@nationaljournal.com.

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.

Josh Smith

Tech Reporter

E-Mail: joshsmith@nationaljournal.com.

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.

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