It seems CNN was so embarrassed by the video’s floating around of their hack reporter Susan Roesgen where she rudely cut off tea-party protestors in Chicago, and then attacked them with the typical liberal talking points. So what do they do? They get YouTube to take down the video’s for “copyright infringement.” But as Ben Sheffner of Copyrights and Campaigns writes, the copyright infringement argument won’t fly: (h/t Patterico)
CNN does own copyright in its own news footage and, as a general matter, has the right to demand its removal from YouTube. However, as to this particular video, I think Founding Bloggers has a very strong fair use defense. The purpose for Founding Bloggers’ posting of the CNN footage is crystal clear: to comment on and criticize CNN’s reporting on the “Tea Party.” Such a use is right in the heartland of the fair use doctrine; the statute specifically mentions “criticism, comment, [and] news reporting” as protected uses that are “not an infringement of copyright.” 17 U.S.C. § 107. To quickly run through the four fair use factors as they apply here: 1) the use is transformative (for critical comment); 2) the CNN footage is factual, not fictional, and was previously broadcast; 3) the amount used is small in relation to the whole CNN broadcast; and 4) any effect on the market is minuscule (and if fewer people watch CNN because this video causes them to think less of its coverage, that’s simply not cognizable harm). Many fair use cases are difficult, close calls–but, given the facts as I know them, this is an easy one.
So now Patterico is urging all bloggers to put the new YouTube video’s up and link them. I’m going above and beyond and putting the video up on my server….check out the embarrassment of CNN Susan Roesgen yourself:
John Hinderaker believes they know what CNN is doing:
It is hard to avoid the inference that in this case, CNN was motivated not by a desire to protect its intellectual property but by a desire to avoid embarrassment caused by the unprofessional performance of its reporter. In today’s world, though, it just isn’t possible to track down all copies of a video and suppress them, when the video relates to a matter of broad and legitimate public interest. That CNN is willing to make the attempt reveals something, perhaps, about its attitude toward the public’s right to be informed.
Oh, btw….it appears Susan is taking a break from it all, I wonder why?
See author page
I will be hosting on my server as well. Thanks for the heads up 🙂
This entire thing with her and the the lady from 24 is a joke. When are the sheep going to wake up?
Does this women still have a job? Oh wait, what am I thinking. Knowing CNN, she probably got a raise!
@pdill:
http://www.mediabistro.com/tvnewser/cnn/partiedout_cnn_reporter_takes_a_break_114340.asp?c=rss
Until the end of her contract?
Looks like Patterico’s site may have crashed. I’ll be posting it on my blog, just to piss-off CNN.
Gotta love it when a “News” organization actively tries to cover up the news.
Fair and balanced reporting? 😉
Okay. On the blog. Guess they cannot get all us right wing extremists.
Screw you CNN. No memory hole for you!
I must admit that I sent an e-mail telling CNN that their bias and agenda driven “news” is no longer welcome in my home (except Lou Dobbs), that their rapidly declining viewership is an indication that they cannot be trusted to fairly report the news in a truthful and professional manner.
I also told them that I haven’t watched a single show on CBS since Rathergate at which time they were banned from my home (true except I did sneak a few peeks at the SuperBowl and the Masters).
Long live Fox News.
I suspect that I wasn’t the only one who submitted a complaint.
Poor Susan, another victim of Post-Tea Party Stress Disorder.
Funny how when CNN uses the same bully tactics that Fox News uses, it suddenly becomes an issue.
Excellent get on the video. CNN is out to get this removed because they are not in the business of news. They are in the business of being an arm of the administration and the democratic machine.
i showed this clip to my husband and he was shocked by how blatant her bias was. i hate cnn, well i admit i love nancy grace and her drawl, i refuse to watch anything but nancy. my husband is, or should i now say, was always watching cnn, not anymore. he wqas so pissed, he said it was like watching an add of higher taxes being the best thing for all people or we would die. and what the hell does jeanene garofalo know, seriously, she passed her prime long before she even had a kool aid induced thought.
Since YouTube is so democratic may I offer a suggestion of another place to host the videos?
http://www.nmatv.com/
Heritage New Media Partners, Inc.
Semper Fi
Apparently, if we are covered in this manner, we will not influence congress. I therefore suggest that if the tea parties fail, and so far it appears they have not influenced congress, then following MLK’s lead, we should start picketing those politicians’ local offices who have voted to spend us into ruination. If that doesn’t work, sit-ins at their local offices will be required.
The Greatest Generation saved our nation from Fascism so we owe future generations a serious effort to return to the economic and personal freedom they fought so bravely to retain. I have seen little inclination to do this and if necessary I will do so on my own in my state.
get out the tar and feathers for the media too
Tea Parties should only be the beginning. Apparently, our President was unaware of any Tea Parties taking place across our nation. Wow… what a blatant lie. Pelosi feels that this is a “astroturf.” We were ignored, therefore, this can only be the beginning for us. Where is the next Tea Party, where do we go from here? This is my question. I agree completely with poster #14 (Al Reasin), and am awaiting further news.
There are other conservative movements, Ron Ewart President of the National Association Of Rural Land Owners, NARLO, is organizing a Silent Majority movement. For Active/Retired Firemen, Policemen and Military there is Oath Keepers which already has 100s of thousands of members who have reaffirmed their oath to “Defend the Constitution from all enemies, foreign or domestic”.
We the People are the rightful masters of both Congress and the Courts, not to overthrow the Constitution, but to overthrow men who pervert the Constitution. Abraham Lincoln
To educate a man in mind and not in morals is to educate a menace to society.
Theodore Roosevelt.
Obama is a menace to society.
Why would it surprise anyone that Communist National News would try to pull a video that makes them look bad? But if FOX tried to pull that junk, they would be off the air
Chillax says:
“Poor Susan, another victim of Post-Tea Party Stress Disorder.”
Funny stuff. Good work.
Clodney says:
“Funny how when CNN uses the same bully tactics that Fox News uses, it suddenly becomes an issue.”
Yawn. When all else fails, throw Fox news at a media issue. How boringly predictable. You’re not even a good troll, loser.
Jael says:
Pelosi feels that this is a “astroturf.”
Pelosi is a moron that can’t be left out in the rain for fear of her drowning by looking up.
Now she is suddenly conversant in methods of manipulating public opinion pioneered by Axelrod? I think not. This plastic headed dolt was force fed her lines, and she spewed them when the cameras rolled. Not unlike the cnn stooge at the top of this post.
“We were ignored, therefore, this can only be the beginning for us.”
Not this time, Jael. The first series of tea parties (I went to the one in Chicago)- those were the ones the MSM ignored, hoping it’d all go away.
This latest round proved the tea parties weren’t going away, which is why all the msm flying monkeys sprang into action. From this idiot on cnn parroting the obie points of the day, to janeane the awful ho and keith cow tipper on msnbc screeching about racists, rednecks, etc. (tiresome, predictable, sad), to anderson cooper talking about teabagging (yes, the irony is stupefying on that one)- the msm is starting to go into attack mode.
This is basic playbook for the media clowns- they tried the same crap with the swift boaters. There were swift boat demonstrations for months, and the msm refused to give them any coverage. Then bloggers forced the MSM into covering the swifties, at which point the msm zombie army started in with the ad hominem, the innuendo, the straw men, etc.
Don’t recall any attempts to engage the swifties on the merits of the arguments, nor did Lurch – Lurch kept ducking the swifties- who knew “bring it on” meant “run and hide”?
Instead the msm and lurch tried to smear the swifties, calling them liars, or tools for some shadowy unseen puppet master, etc. etc. etc. Liberals “arguing” without reason, facts, or logic- there’s a shocker.
Seeing any similarities between how the msm treated/is treating the swifties and the tea parties?
MUST WATCH. Very interesting
@liam09:
Outstanding! liam, thanks for sharing!
Just a thought: The 4th of July would be a prime day to organize another day of tea party protests. Aside from the historical significance, many businesses let their workers off, there-by making it possible for more citizens to attend. Being a holiday, more people would be outside, and would notice the protests.
There could even be BBQ’s, with: Washington Weenies, Big-CheeseBurger-meisters, Baked Bean-counters, Potato-headed bail-out salad, Boiled or roasted Obama-nuts (peanuts only, acorns are toxic to humans). For desert; Congressional Commie corn (carmel), funneled-taxes cakes, and other such.
Beverages could be drank through “Straws that broke the camel’s back.” I can’t decide if it would be better to ban Iced tea, or drink it exclusively it and display the used teabags as symbolic decor.
By days end the fireworks would be just starting. (GRIN)
@ditto:
I’ve already read in a couple of places that another phase is planned for July 4th.
That would be an excellent time to strike more fear into the heart of the political animals in DC.
CNN: Certainly Not News