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Question Regarding Use Of Media On Political Ads

landtuna

landtuna

Full disclosure - I have no horse in this race and have already voted in any event.

Here in the Phoenix market I have noticed this year something I hadn't seen before. This year it is apparently quite common in an attack ad to show or quote from the media - specifically televised news shows.

Specifically I am referencing ads against incumbent Pinal County sheriff Paul Babeu who is running for Congress. While the announcer is reading a list of supposed transgressions by the sheriff, in the background are video's showing and voicing quotes from various Phoenix news programs, all negative in nature. The media faces shown and their sound bites seem to indicate multiple sources and not just one station. They also happen to be non-affiliated.

My question is....Is this legal to use those media sound bites in this manner? Would the media source have to sign off on their use in this manner?
 
The TV station does not have to sign off. That could in part be because while some, TV stations have requested campaigns not use their footage, none has tried to force the issue in a court of law by suing a candidate.

http://www.southernlawjournal.com/2013_1/SLJ_Spring 2013_Park.pdf

I would say that any clip of 5 seconds from a TV broadcast should be fair use, whether or not it was used in an attack ad, but again my theory doesn't seem to have been tested in court.
 
PTBoardOp94 said:
The TV station does not have to sign off. That could in part be because while some, TV stations have requested campaigns not use their footage, none has tried to force the issue in a court of law by suing a candidate.

http://www.southernlawjournal.com/2013_1/SLJ_Spring 2013_Park.pdf

I would say that any clip of 5 seconds from a TV broadcast should be fair use, whether or not it was used in an attack ad, but again my theory doesn't seem to have been tested in court.
Click to expand...

Here in California Tom Steyer's superpac ads they take clips from Cable News/Talk Channels and they involve rants from Ted Cruz or Trump. I don't remember hearing any law against any superpac or candidates using newsclips to make their arguments though for their attack ads.

https://www.youtube.com/watch?v=LE9agKVFv9c

https://www.youtube.com/watch?v=FU-Ab1k6234
 
Let's not forget, those political campaigns and super-PAC are major clients of TV and radio stations. Even if some political ad crosses the line in intellectual property law, a station is probably not willing to tick off a big - BIG client by making an issue of it.
 
Oscar's point is a good one. Tens of millions in ad revenue has a way of talking.
 
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