The original video included 1 minute and 20 seconds of CNN footage, to criticize the reporting (which is legal under "fair use" and 2 minutes and 30 seconds of their own footage taken at the tea party.
Founding Bloggers has now filed a counter notice against CNN for misrepresenting the copyright of the video in question.
This is a great test case because fair use clearly contends that if footage is being used in order to criticize or make other points about the actual reporting, then it falls under the fair use law.
Limitations on exclusive rights: 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.
The footage in question was specifically used to criticize CNN's Susan Roesgen for her completely unethical and unprofessional behavior at the protest, where she was there as a CNN representative to report the news.
From Founding Bloggers:
Yesterday, we officially filed our DMCA counter-notice in the matter of CNN’s censorship of Founding Bloggers’ coverage of the Chicago Tax Day Tea Party. A copy of the counter-notice is available at Ben Sheffner’s blog Copyrights & Campaigns, where he’s been devoting much of his valuable energy toward documenting and publicizing what CNN has tried to do in this case.
Video above can be found and embedded from YouTube.
Founding Bloggers has more as well as a video downloaded on Blip as well, in case CNN has the first one removed again.
CNN obviously did not want this footage being seen or they would not have filed the take down notice to begin with, but with their actions they have brought more attention to this video as well as to their own reporter's actions and it is great that Founding Bloggers is not backing down but is prepared to take this to court if necessary.
It is the principle of the matter.
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