In case you missed it WisconsinEye has thrown a fit because Planned Parenthood used a 5 second clip out of a 39 minute session in an advertisement. Jon Henkes sent out this press release Standing Up to Early Salvo in 2014 Campaign Season
Here’s the background if you’re interested: Cable network WisconsinEye lashes out at Planned Parenthood over political ad
From the press release:
It matters little to WisconsinEye that this discussion involves the actions of Planned Parenthood, rather than some other or differently leaning organization.
This is a very disingenuous argument because Mr. Henkes spends most of the press release defending State Sen. Mike Ellis. If this was just about a user agreement, then why would they even address the content of the ad? As Wisconsin Soapbox points out here (Wisconsin Eye Responds to Planned Parenthood – Politics is What I See), Mr. Henkes is pretty much using Mr. Ellis’ talking points in his press release.
About Fair Use
Planned Parenthood’s use of the footage seems like it would be covered under the concept of fair use. WisconsinEye does not seems to want to accept this:
WisconsinEye will pursue a tightening of its User Agreement to address the fair use argument
Except that you can’t just get rid of fair use by rewriting a user agreement. From Stanford (emphasis mine):
In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner. In other words, fair use is a defense against a claim of copyright infringement. If your use qualifies as a fair use, then it would not be considered an illegal infringement.
So, you’ll have to try harder than that to censor speech you don’t like Jon Henkes. You want to talk about a “callous disregard” of something? Let’s talk about WisconsinEye’s callous disregard of the spirit of transparency and openness that is essential to a democracy. If people can’t view what their legislators are doing or criticize what they said in a convenient form (aka video), then what kind of democracy do we have?
Categories: | Better Government | Media | Wisconsin