Over at Ars I report on NBC’s decision to “allow” bloggers to make use of debate footage:
skeptics might question whether the networks had the right to restrict use of the footage in the first place. Under the principle of fair use, copyright law permits the reproduction of excerpts of copyrighted material for criticism, comment, and news reporting. Although determining the precise scope of fair use is never an exact science, showing a clip from a presidential debate is about as clear-cut an example as we can imagine. In most cases, bloggers will be legally entitled to use debate excerpts without paying any attention to NBC’s license restrictions.
Nevertheless, NBC’s announcement (and ABC’s and CNN’s announcements before them) will give rank-and-file bloggers peace of mind. That’s important because in the past, the networks have sometimes been trigger-happy in sending takedown notices. Even if the law was on their side, some bloggers might have been reluctant to take the risk of prolonged copyright litigation.
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