Jeff Jarvis over at PrezVid asked Fox News recently what its policy is regarding the online re-use of video of tonight's Republican debate.
Here's the answer he got:
"Rather than opening up some, as MSNBC has done, or fully, as CNN has done, they’re playing a big coy: They say that we should consult our attorneys regarding fair use."
Jarvis notes: "As I understand it, they respect fair use and if you think you can justify that your use is fair (and balanced?) then they won’t hassle you."
But that just isn't very re-assuring. The subject of what is, and isn't fair-use is in the eye of the beholder, as the numerous lawsuits against Google over the subject demonstrate.
Even the copyright office advises potential re-users of other people's work to obtain explicit permission. And when you cannot determine *clearly *whether something is fair-use, just don't use it, the office advises.
What if you have ads on your blog, and they run against the video excerpts? What if your news and commentary site has a commercial relationship with other larger entities that Fox News feels should pay for using the content?
