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June 19, 2013
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CNN Scrubs Roesgen's Unaired Tea Party Interview From YouTube

By Noel Sheppard | April 19, 2009 | 12:44

A  A
Noel Sheppard's picture

On Thursday, NewsBusters shared with readers a video showing what happened after CNN's Susan Roesgen disgracefully attacked Chicago Tea Party attendees the previous day.

The "most respected name in news" apparently didn't like America knowing the full story, and has requested YouTube remove the video pursuant to copyright laws.

Patterico reported Sunday (h/t Glenn Reynolds):

As to the validity of the copyright claim, let me turn over the megaphone to Ben Sheffner of Copyrights and Campaigns:

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.

That’s a very refined way of saying CNN is full of crap.

Fortunately, a new video has been uploaded to YouTube. Let's see how long it lasts:

About the Author

Noel Sheppard is the Associate Editor of NewsBusters. Click here to follow Noel Sheppard on Twitter.
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