Re: [videoblogging] Bush "revogs" Kerry

>On 26/08/2004, at 11:04 AM, M. Sean Gilligan wrote:
>> Now we just need to make sure all the politicians videoblog all their
>> speeches and interviews and give *us* the rights to revog them. LOL
>in the US i would have thought 1st amendment and fair use wouild
>protect you pretty well.

Pretty well, but maybe not as well as we would hope. (I've heard that in the UK there are many more restrictions on speech, is that true in Australia, too?)

I'm not a lawyer, but it's well known that the "Church of Scientology" has been using copyright law to prevent people who have "left the flock" from poking fun at some silly-sounding church documents. Sometimes the threat of a lawsuit is enough to dissuade people. Lawrence Lessig has commented that "fair use is the right to hire a lawyer."

He also wrote this piece about NBC not allowing use of a clip of President Bush:

More recently the famous JibJab ( flash animation ran afoul of copyright, until they contacted the EFF who during investigation of the case discovered that the song was already in the public domain:
It was previously thought that the case would hang on the difference between "parody" and "satire". (If the movie was parodying the song itself than it was protected, but if it was using the song for political satire, it wasn't protected.)

This page suggests a "use it or lose it" approach to fair use:

Then, of course, there are the practical issues: How do you get physical access to all the content, etc. I suppose you could use a VCR or a hacked Tivo, but it sure would be nice if you could easily pull it from the net.

Interesting times ahead, though.

— Sean

M. Sean Gilligan : 831-466-9788 x11
Catalla Systems, Inc.