Political uses of copyrighted material are becoming more and more common. Some are fair uses; some aren't. Check out this new video from a conservative group called "American Future Fund," which mocks Sen. Ben Nelson (D-NE) for his efforts to justify the so-called "Cornhusker kickback" offered to secure his support for health care legislation:
I count at least 15 copyrighted works incorporated into the video -- and at least 15 potential plaintiffs. Interestingly, one of the specific issues raised by this issue -- the reference to the MasterCard's "Priceless" campaign -- has already been litigated, and resulted in a finding of fair use. MasterCard International, Inc. v. Nader 2000 Primary Committee, Inc., 70 USPQ2d 1046 (S.D.N.Y. 2004).
Friday, January 29, 2010
2 comments:
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Yikes, the gratuitous use of copyrighted material almost seems designed to bait the rightsholders of these clips. It's also a pretty poorly produced ad. Looks more like a Web 2.0 final exam question than an effective piece of propaganda.
ReplyDeleteIsn't this the second time in the last few months that somebody's used that Austin Powers clip in a political ad? I can't remember whether I read about it here or elsewhere, though.
I can see going after them for the movie clips and music, but I fail to see how parodying a mastercard commerical is up for attack. I'm glad to see that charge didn't stick.
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