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The Daily Show Staff Now Writing Reality: NBC Throws Down with Romney over Fair Use

By Steven Lloyd Wilson | Posted Under Trade News | Comments (17)



brokaw_romney_newt.jpg

The Republican field might be the weakest it’s been since navies were wooden and petroleum products came from whales, but that isn’t stopping the news trying to turn the entire exercise into reality television. Mitt Romney, the automaton with a heart of gold, though it was forged from the pawned wedding rings of laid off employees, just can’t really seem to find anyone to vote for him. Gingrich of course is the latest challenger to the throne of meh, as seemingly every candidate who has ever appeared on a ballot as a Republican candidate at some point in the last twenty years gets a try out at being not-Romney.

The sheer Schrutian epicness of Gingrich has prompted Romney to unlock the war chest and start hurling incendiary ads at the Newt. But the flames aren’t sticking, if only because newts were alchemically linked to fire and thus impervious to such attacks in this overly extended metaphor.

Romney can’t even win by showing archived footage of Tom Brokaw detailing Congress’ smack down of Gingrich in 1997 with a mountain of ethics violations, because Brokaw and NBC news are demanding that Romney cease using the footage.

Says NBC:

“Aside from the obvious copyright issues, this use of the voice of Mr. Brokaw and the NBC News name exploits him and the journalistic credibility of NBC News.”

A 30 second, unedited clip that includes full documentation of the original time and network of broadcast is just about the perfect example of fair use, and should have absolutely no bearing on copyright in any just system. And as for journalistic integrity? If their own words in context and without spin impugn their integrity, then it is the words themselves that are at fault.

“I am extremely uncomfortable with the extended use of my personal image in this political ad. I do no want my role as a journalist compromised for political gain by any campaign.”

Here’s the problem with this though. This is not Brokaw’s personal image. This is not a video of him that he has some claim to keep private. Copyright issues are something to argue about in a separate place, but I would assert that part of the moral burden assumed by journalists in exchange for the protections that make them legally special is that when they are reporting, they are part of the historical record. That might not be technically public domain as far as copyright law goes, but neither can they claim some personal protection of their image. In this clip, Brokaw’s face and words are part of the historical record. You don’t get to squirrel them away because you don’t like the people who are quoting it.

The Romney campaign is continuing plans to run the ad, shown below, insisting that their use of the news clip clearly falls under fair use.

I’m not a Romney voter, but that right there is one hell of an effective campaign ad.

(source: CNN)









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Comments

1. Mitt Romney is a liar. I'm not talking about his policies - I'm starting at first principles; his name. Nobody is actually called 'Mitt'. Let's see that birth certificate! No, no, no, not the fake one from recovered treasure chest on Neptune! Oh, wait, no, that is the real one.

2. ‘Romney’ is not a name. It is a verb. ‘Mitt’ has had it excised from the dictionary to protect his image. ‘To romney’ means to frolic with gaiety in a field of dead puppies.

3. In the still image at the end of the video of Romney and his companion walking through a field, it must be said that the female appears very uncomfortable exchanging long protein strings.

4. In that same image - where has 'Mitt' hidden all of his other unwilling concubines? Are they the blurry figures in the background? If not, then who are they? I don't like them.

5. It is a common misconception that the only way to discourage a charging Brokaw is to jab your finger into its eye. Do not do this! A Brokaw eye actually contains a singularity, and a jabbed finger will pass the event horizon, never to be heard from again.

Posted by: zeke the pig at January 30, 2012 10:38 AM

Meh...it's pretty clear from the first couple of seconds that this is just a sort of "video-direct-quote". Perhaps we'd be giving the masses too much credit, but only the dumbest of idiots would think this is any sort of endorsement by Brokaw. I can understand why he doesn't like it, but if he doesn't want people to use his image in ways he doesn't like then he shouldn't have made himself a national television figure.

If you don't want people to use your images, words, sounds, ideas, etc. then keep them to yourself. Record them if you must, but lock them away in a safe and never let anyone else see them.

Posted by: pissant at January 30, 2012 10:39 AM

I agree with you that it seems to meet the fair use standard. But I disagree that it's an effective ad for Romney. The delightfully inconsistent "values voters" have shown in North Carolina that they really don't care about a candidate's past as he spews anti-Obama rhetoric at them today. And it probably only enhances Gingrich's standing for them to see the "main stream media" doing a negative story on him.

Posted by: PaddyDog at January 30, 2012 10:41 AM

It never fails to amaze me how some conservative voters will readily and willfully either forgive or forget the faults in their candidate.

Were it a Democrat, they'd be lining up with pitchforks and torches.

As for the ad, I'd say Brokaw's out of luck. That's the price you pay for being a newscaster.

Posted by: Ghisent at January 30, 2012 10:48 AM

I don't know if this meets fair use. Fair use exists for the purposes of parody or commentary, which this ad has neither of. It's just the screen clip.

If it had Romney or someone talking about Gingrich's claims about his ethics violations and then showed the clip to support their counter-argument, then of course it would be fair use with commentary. But just showing the clip without any commentary is a bit hazy.

I'm not saying that it's definitely not fair use, just that it's a grey area.

Posted by: Andrew at January 30, 2012 11:05 AM

zeke the pig, I thought "Romney" meant "to defecate in terror." Source, please.

Posted by: Robert at January 30, 2012 11:19 AM

Robert, your pedantry is much appreciated as the word does actually depend on context.

When used in relation to a normal, well-adjusted member of society, 'to romney' usually means to defecate in terror. When talking about slightly more maladjusted creatures, however, it usually takes on the meaning of the aforementioned dead-puppy-gay-frolic.

Lexicologists have hit a bit of a wall in recent years in light of the classification of bipolar disorder, whereby a sufferer who 'romneys' can actually be doing both things at the same time.

Posted by: zeke the pig at January 30, 2012 11:54 AM

Zeke - Your comments have been the funniest things I've read all day. I hope "to romney" with you sometime soon in the future to further cement our friendship.

Posted by: Green Lantern at January 30, 2012 12:11 PM

None of this addresses the fact that the Rebooblicans are THIS close to putting forward a candidate named Newt or a candidate named Mitt.

Y'all better vote Obama simply to avoid the relentless schoolyard mock-fest that's sure to come the first time the UN meets post-election. And the UN are just MERCILESS. Rumour has it the 13th floor features a pool filled with the tears of Boutros Boutros-Ghali.

Posted by: Bert at January 30, 2012 1:01 PM

Zeke & Robert, would you please elaborate on a romney-santorum ticket, as well?

Posted by: lubeg at January 30, 2012 1:08 PM

Now if the clip were to be retrieved from a cyberlocker...

Posted by: Jerry at January 30, 2012 1:36 PM

I'm not a registered Democrat, but I openly and almost constantly mock the current rejects of the Bum of the Month Club that are running for the GOP nomination. This was a beautiful post, and got me laughing.

Based on my knowledge of fair use in copyright, the Romney camp has a point, and I fear NBC and Brokaw are, to put it bluntly, fucked.

Posted by: The Wanderer at January 30, 2012 2:59 PM

/Popcorn

Posted by: BierceAmbrose at January 30, 2012 3:01 PM

@Zeke - So, wait....why are the dead puppies gay, now?

Posted by: NateS1973 at January 30, 2012 5:02 PM

@ Green Lantern - cheers. Since I am not aware of what kind of character you are, I'm going to assume that we are going to be doing the nice kind of 'romney-ing'. Which is neither. Either way I look forward to it.

@NateS1973 - nah, the puppies ain't gay, merely the nature of the frolicking. And that specifically in the somewhat outmoded use of the word.

@ lubeg - it's nearing midnight here in London, and I've ingested a fair amount of brain lubricant, thus I hand over to unconsciousne-....

Posted by: zeke the pig at January 30, 2012 6:20 PM


if it was a liberal democrat that was using a clip from brokaw
NBC wouldn't raise a peep.
the republican candidates are a generally sad lot but who do
we have in the white house now .... barack " the savior " obama.
he is glib and affable but should be an embarrassment to all
those who gushed over him 4 years ago. his idea of leadership
during tough times is to postpone as many difficult decisions as possible to 2013 to enhance his reelection chances. he turns
out to be just another pol albeit an adept one.

Posted by: snake at January 30, 2012 7:29 PM

"the journalistic credibility of NBC News"
---
Zeke the pig,

You're a right funny bloke but not as funny as THAT.

Posted by: , at January 31, 2012 1:13 AM