NBC Asks Romney to Withdraw Attack Ad

[mia]

"The NBC Legal Department has written a letter to the campaign asking for the removal of all NBC News material from their campaign ads," Lauren Kapp, a senior vice president in marketing and communications for the company, said in a statement.

An aide to the Romney campaign said the campaign hasn't received any correspondence yet from NBC.

The television ad is the latest effort by Mr. Romney's campaign to blunt Mr. Gingrich's momentum ahead of the Republican presidential primary in Florida on Tuesday. Removing the material would effectively mean killing the ad.

Titled "History Lesson," the television ad shows Mr. Brokaw saying, "Newt Gingrich—who came to power, after all, preaching a higher standard in American politics, a man who brought down another speaker on ethics accusations—tonight, he has on his own record the judgment of his peers, Democrat and Republican alike. By an overwhelming vote, they found him guilty of ethics violations."

http://online.wsj.com/article/SB10001424052970204573704577189121913181942.html?mod=googlenews_wsj

Edited to add a better link: http://www.huffingtonpost.com/huff-wires/20120128/us-romney-ad/

[Kurmudgeon]

1. Curious that NBC would take this step, makes one wonder who has the hand on their leash.

[mia]

2. May have to do with rights to the original newscast.

[Uncle Joe]

22. If that was telecast on the public airwaves, shouldn't it be a matter of public record? n/t

[mia]

23. See reply #16.

"Without The Expressed Written Consent"

Applies to all material like this. You see this all of the time with music used without permission and it gets pulled too.NBC is well within their rights here. The Romney campaign should have known better than to pull this stunt. They do this knowing that it will have a short run but the public gets to see it anyway so mission accomplished.

[Beartracks]

25. Sure: Easier to ask forgiveness than permission.

At least they didn't download a bootleg ringtone or something, then they'd REALLY be in trouble!

============================

[Ruby the Liberal]

3. Same thing happened the other day, but with Huckabee

I don't have the link, but apparently Newt's campaign pulled some file footage of Huck going after Mittens in 2007/8 and ran with it. They got slapped for unauthorized "extended use of image" as well.

Kinda seems a little strange in the Citizens United 2012 ProBowl Election. I mean, where else are they going to get file footage from if not the media, but I do get the point of using other people's words to make your case, but without their permission.

[rhett o rick]

18. I think his "words" can be used, just not the footage. nm

[MADem]

6. It's probably Brokaw, whining because his face is being used to tout for Mittsy.

I think NBC is dead wrong, here. Brokaw said it, it wasn't out of context, and it was true.

You don't want to play on the public stage? Get off. Don't cry when public figures--and that includes newsmen--are referenced in public life. It goes with the territory.

[DallasNE]

16. "Without The Expressed Written Consent"

Applies to all material like this. You see this all of the time with music used without permission and it gets pulled too.NBC is well within their rights here. The Romney campaign should have known better than to pull this stunt. They do this knowing that it will have a short run but the public gets to see it anyway so mission accomplished.

[MADem]

34. Well, I dunno--it's a VERY short clip--fair use. It's not a half hour show.

It's also not the original clip--it's being shown on a TV screen.

I don't care for RMoney ($-Dog Abuser), but I'm on his side, here on this very narrow issue. This isn't even a football game, it's a clip from the nightly news. It's contextual and historical and accurate.

If NBC wants to broadcast shit over the public airwaves, they shouldn't be shocked if others reference it. We don't pay for network television. The sponsors pay the networks to pollute the stream with their pleadings for us to buy their crap.

[BadtotheboneBob]

58. I have to say it... I'm with you on this...

... Fair use and historically accurate. The clip isn't an entertainment/sports segment. It was news. Brokaw may not be happy about it, but I don't see or hear of any litigation flying. We use news reports, clips etc here all the time. Question: If Newt gets nominated (ack!) would it be OK for the Obama campaign to use the clip against him?

[Occulus]

45. See, this is why laymens' misunderstanding of copyright really pisses me off.

1) This is a clip- a clip- that is intended to be 'informational' as part of a political campaign; thus, copyright does not attach
2) This was broadcast on NBC Nightly News using public frequencies, and paid for by sponsors, not paying 'customers' at the receiving end

We really need to get away from this (incorrect) and intentionally communicated misinterpretation of copyright. It is not some sacrosanct and inviolable state; far from it. There are plenty of exceptions to use of copyrighted material and I believe it's settled law that the use of clips like this one for purposes like this are allowed.

Never, ever believe what any corporation, corporate lawyer, or their defenders tell you about copyright. They are always biased, and always in the same direction.

[DallasNE]

50. I have done some additional research

that shows that "fair use" is an exception to copyright law so there is considerable merit to Romney's arguement. Something similar to this happened in 2010 where Fox News sued the Carnahan Senate campaign in Missouri to stop using a 24-second clip of Chris Wallace interviewing her Republican opponent. The suit did cause the internet version to fail because Youtube pulled it following the lawsuit. I could not determine if local TV stations refused to play the ad or not. There are two differences that are significant. The Blount campaign used Fox footage and Fox did not object. Fox also contributed directly to Blount's campaign. Below is a link that explains it more fully (it also supports your contention but using different logic).

http://www.slate.com/articles/news_and_politics/jurisprudence/2010/09/why_the_fox_news_suit_against_robin_carnahans_campaign_is_bogus.html

[MADem]

51. I'm on your wavelength, here. There's plenty of precedent, certainly. nt

[nanabugg]

9. Please, really? We already know who control the media and it ain't liberals! nt

[freshwest]

52. +1

[Little Star]

4. They'll have to get it off youtube then...

[MADem]

5. NBC is out of line, IMO.

Brokaw said that, didn't he? It's not out-of-context, is it?

Probably the most truthful ad the guy has ever put up.

[glowing]

7. I just saw the commercial a few mins ago... I thought a documentary was coming on when

young, ole' Tom Brokaw voice came on... I actually paused to look and see what show was on and what channel was playing this "special"... Then I realized, the channel that was on would never feature a political documentary (like hubby would watch that) and that Mittens was responsible for the ad.. LOL.. These 2 are tearing each other to shreds.. Neither will be electable in November. They are burning up the airwaves with nasty hit after nasty hit on each other.

[mia]

15. "They are burning up the airwaves with nasty hit after nasty hit on each other."

[Occulus]

46. The ad MIGHT be pulled for THAT reason

"I actually paused to look and see what show was on and what channel was playing this "special"..."

That may well be a valid reason for NBC to have it removed, despite what I said above.

[Ruby the Liberal]

48. You sound like this is familiar territory.

So question - the ad is only a 30 second spot - not the extended 'videos' of 7, 10, 30 minutes that some of the PACs have been putting out. It also is just highlights of a broadcast, not the entire segment.

(Clip is right above your post if you haven't seen it yet)

Does that make a difference in the fair use thing?

Edit - posts #2 and 4 are the ad in question

[MADem]

38. Hell, young kids would look at that and say "Who's that young guy who sounds like Brokaw?"

He might be wincing because he's reeling in the years like the rest of us!

[Rex]

10. Once again...the M$M plays the role

of social engineer. I get sick of the M$M trying hard to define life in America, by THEIR standards. One reason why I NEVER watch the news on TEVEE...I won't give them the time of day.

[nanabugg]

11. Once stuff is in the public domain...can they demand this? What happens if Romney campaign doesn't?

so much for freedom of the press, freedom of information, and public interest. Why didn't they ask the John Kerry "swiftboaters" to pull their ads back in 2004? Just asking for the hell of it. I already know the answers.

[nanabugg]

12. There are all kinds of ad against Obama using media clips. Have they asked to pull them?

[mia]

13. Romney's campaign also debuted a new Twitter hashtag to accompany the television spot: #Newtorious.

http://thehill.com/video/campaign/207195-romney-ad-uses-brokaw-clip-to-hit-gingrich-on-ethics-violations

[cbrer]

14. These ads

Just further illustrate the decline of politics in America. We will never reach an optimum solution for any of our problems as long as our elected officials are in the pockets of special interests. And if the Supreme Court continues to legalize the process.

[alp227]

17. for most WSJ articles if you enter the article title into google you can get the full article.

[mia]

20. Thank you - entering the article title into google worked.

I read the article once, then went back through the link and needed a subscription to view it again.

[DCBob]

19. Seems this is ought to be legit to me.. its part of our historical record.

I guess NBC could use the old "without prior consent" nonsense but not sure why they would not allow this since its completely accurate and nothing implied other than the truth as reported by Brokaw.

[Ruby the Liberal]

35. I see the concern. They are using his voice and image

as a quasi-endorsement. He has spent a career building up trust with the American people and doesn't want that image watered down (and with this sideshow, I really don't blame him). He also probably prefers to be perceived as neutral throughout the entire contest so that his ongoing reporting/analysis is considered unbiased.

Bad analogy, but I liken it to the 2008 Caroline Kennedy endorsement of Obama. Prior to that, she only ever endorsed Teddy back in 1980 because she didn't want her words and image adding undue influence into the process.

[DCBob]

37. Its a newscast. Nothing to do with endorsing anyone.

If it makes Newt look bad thats due the content of the story.

[Ruby the Liberal]

40. Yeah - thats why I said 'quasi'

Come to think of it - have we in recent memory had a national candidate with this kind of prior negative news coverage before, or is this a first to trot out a newscast as a negative campaign ad?

Thinking Kerry, but even that was old footage/images from the 70s, not so much a national nightly news item using the anchor as the actual video/audio.

[DCBob]

41. Yeah, I cant think of anyone else who had such high profile negative national news.

If they did you wouldnt think they could ever be candidate for President.

[Ruby the Liberal]

42. Hrm, so this is a precedent of fair use vs unauthorized images

while putting a national anchor in the position of appearing to 'take a position', thus compromising his credibility in reporting/analysis on the contest - even though he was only doing his anchor job back them.

My level of interest in how this plays out just skyrocketed now that the implications unfogged (and the fact that Romney & Co aren't going to pull it).

[DCBob]

43. Yes, it will be interesting to see how NBC responds.

I think they let it go since the ad does not take anything out of context and does not imply anything other than the content of the story.

[DallasNE]

44. I Would Expect NBC

To get a cease and desist order from a judge. Obviously the Romney people think that there is something in recent Supreme Court rulings that allows for this but I am not aware of a candidate ever refusing to pull copyrighted material before. This would open some floodgates never before seen. Thanks for ruling that corporations are people and money is speech. It's getting ugly, folks.

[Occulus]

47. Given the obvious age of the clip in question, that would be a very hard boat to float

I would prefer that NBC get smacked down on this one. I don't at all align with any of the candidates in question, but dammit, if NBC can make a copyright claim and take this down, it calls into question every clip ever used anywhere for any purpose.

I don't think we should be going there. Not while we have PROTECT IP, SOPA, and ACTA to fight.

[Ruby the Liberal]

49. I agree, and that is what has my attention.

It sounds like this is new ground.

[tomg]

56. As soon as I saw the OP, I

went to SOPA, PIPA and ACTA. I hope NBC gets wiped out on this fofr two reasons. One is the sheer pleasure of watching Republicans absolutely destroy each other ( and in the process completely undercut all of their core "principles&quot . The far more important one is the potential threat to the free flow of information and the introduction of censorship by corporations.

[deacon]

21. I told ya he was like bush. A ruthless snake. n/t

[onehandle]

24. Romney should just withdraw period.

Say what you will about Newt, but he's the most qualified candidate to be President in the Clown Car Show.

[mia]

26. "...the most qualified candidate to be President in the Clown Car Show."

Seems like Ron Paul has the most political experience.

[Major Hogwash]

27. Oh, I'm stealing that picture!!!

2 different GOP clowns have their hands on the steering wheel!!!!!

[onehandle]

29. The Equation: Experience - Deficiencies + Sanity Level = Newt

Honestly,

Mittens would push us in to full on corporate fascism.

Frothy would push us in to full on theocracy.

Newsletter man would deregulate us into a full on breakdown of civilization.

Newt would steal the silver from the White House, but when the big problems come up, would think things out logically.


Also, he'd lose by a far wider margin to Obama than Mittens will.

[Herlong]

28. Wait, what?

Media maters couldn't air any ads no questions asked.

[Doc Holliday]

30. Perhaps

NBC is trying to avoid the perception of the network 'endorsing' a candidate?

[MADem]

39. Unlike 2000, when they all wore Bush buttons under their lapels?

Craven bullshitters! They're worried that their "brand" will be associated with a LOSER, is all!

[fascisthunter]

31. No Bias here... cough, cough

[d_r]

32. I blame SOPA

[Little Star]

33. Romney camp leaving NBC ad on air...

http://www.politico.com/blogs/burns-haberman/2012/01/romney-camp-leaving-nbc-ad-on-air-112664.html

[DCBob]

36. Yeah, I thought they would. NBC would be stupid to file a lawsuit.

The ad is reasonable.

[JI7]

53. they were happy to take money for the Swift Boat attacks , fuck NBC

[Tripod]

54. Politics, politics, politics...

OMG

[onpatrol98]

55. Maybe it's fake grief for attention...

Maybe they're faking outrage to get attention and ratings.

[emulatorloo]

57. Maybe they don't want to be a tool for the Romney campaign. Especially Tom Brokaw

[markpkessinger]

59. The letter, as quoted in HuffPo, makes it clear that copyright wasn't the primary motivator here ...

From the HuffPo link:

"Aside from the obvious copyright issues, this use of the voice of Mr. Brokaw and the NBC News name exploits him and the journalistic credibility of NBC News," the letter said. The network asked for the campaign to stop running the ad immediately and revise any other videos or commercials to remove at NBC material.

"As a news organization, NBC News objects to any use of NBC News journalists and our copyrighted material that suggests to the public that we or our journalists are taking sides with any individual or organization involved in a political campaign or dispute, and we request that your organization respect that concern," the letter said.

Good fucking grief! It's not as if it were an editorial or opinion piece that Romney used. He used a FACTUAL NEWS REPORT for Christ's sake! A direct quote of a factual (albeit unfavorable) report is now deemed "taking sides?"

[mia]

60. This factual news report " is a stunning diamond in the coal pile for any of Gingrich's opponents".

NBC News journalists took sides when they chose to report on this issue in the first place.


"Though Brokaw could never have imagined that his monologue would be used so deftly in an ad, one cannot deny that it is a stunning diamond in the coal pile for any of Gingrich's opponents. In this case, Romney used it to perfection, finding a generally well liked third party to deliver the message which he has been struggling to communicate throughout his campaign: Gingrich is not only unelectable, but a corrupt politician."

Read more: http://blogcritics.org/politics/article/mitt-romney-and-tom-brokaw-the/#ixzz1ksZfa8Wp