Fox News Orders McCain Camp To Pull Ad

John McCain's new anti-Hillary, anti-hippies ad is now the target of a cease-and-desist letter. The ad used video of McCain receiving a standing ovation at last week's Republican debate on Fox News — and Fox has said they did not give any permission for a campaign to use their debate footage in ads.

The ad is still running, as the McCain campaign maintains that their inclusion of 19 seconds out of a 90-minute debate constitutes fair use. But the lawyers at Fox News say the McCain campaign is without a defense in their commercial use of Fox's video and logo. So this could take a while to sort itself out.


Comments (13)

Evan wrote on October 25, 2007 5:46 PM:

I can't be the only one who finds it frightening that a political campaign is considered "commercial use".

P J Evans wrote on October 25, 2007 6:25 PM:

Ironic that it's Faux making the claim.

Michael wrote on October 25, 2007 6:30 PM:

Too funny, way too funny. Fox entertainment against a repuke. I'm pretty sure it's fair use and fox doesn't have a chance, but too funny.

seanh wrote on October 25, 2007 7:38 PM:

I'm no lawyer, but I don't see how this could possibly be considered fair use.

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.[1]

carsick wrote on October 25, 2007 9:02 PM:

"Fair use" includes satire and parody...hmmm.

Terry Woods wrote on October 25, 2007 9:24 PM:

This is a no brainer. The faux news channel supports Rudy. If Rudy had received positive press during a faux debate and ran an ad. No problem.

Richard L. Adlof wrote on October 25, 2007 10:14 PM:

Perhaps it is just that their boss is supporting Clinton this time around and the ads gives the appearence of FAUX support of McCain . . .

Frank wrote on October 25, 2007 10:51 PM:

Maybe this is too clever by half, but it sure is convenient that FOX has decided to make an issue out of this.

Now this anti-Hillary attack ad is going to get all sorts of free media as the talk shows all "debate" whether it was fair use or not.

nevasayneva wrote on October 25, 2007 10:53 PM:

I don't know that Foxnews supports Rudi but there is obviously something going on with Rupert Murdoch and Clinton. That seems a much more plausible explanation IMHO.

seanh wrote on October 26, 2007 3:31 AM:
nevasayneva wrote on October 25, 2007 10:53 PM: I don't know that Foxnews supports Rudi but there is obviously something going on with Rupert Murdoch and Clinton. That seems a much more plausible explanation IMHO.
Guess which candidate received Murdoch's only 08 campaign contribution?
seanh wrote on October 26, 2007 3:36 AM:

since you brought it up, these are also humorous (relevant?):

News Corp
News Corporation
http://fundrace.huffingtonpost.com/neighbors.php?type=emp&employer=Fox&search=Search

Maude Rocker wrote on October 26, 2007 9:12 AM:

I WAS at Woodstock, and so were half a million of my friends. McCain is woefully ignorant of the guilt factor of the 'converted to capitalism' former hippies that would hold their noses and vote for HRC just for the nod back to their roots.
Now that I think about it, they would have never voted for McCain anyway. How amazing he had to resserect such old emnity and remind of the ancient hostility against those people that want peace.

green heron wrote on October 26, 2007 9:18 AM:

Anyone who finds this ad amusing was unlikely to vote for Hillary anyway.

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