Rich, whatever one may think about the Romney campaign’s use of that old newscast, the NBC response is a little odd:
Via POLITICO’s Reid Epstein, NBC News and Tom Brokaw are loudly objecting to the Mitt Romney campaign’s use of footage from the 1990s in an ad blasting Newt Gingrich over his House ethics charges.
Brokaw, whose statement noted he was speaking on his behalf, said, “I am extremely uncomfortable with the extended use of my personal image in this political ad. I do not want my role as a journalist compromised for political gain by any campaign.”
“The NBC Legal Department has written a letter to the campaign asking for the removal of all NBC News material from their campaign ads,” NBC News said in a statement, which added, “Similar requests have gone out to other campaigns that have inappropriately used Nightly News, Meet the Press, Today and MSNBC material.”
I would have thought that footage of the type that Romney is deploying was part of the historical record. If, of course, Tom Brokaw and NBC believe that the way it is now being used distorts what Brokaw was saying back then, they should explain why.
About Romney; has anyone else seen how the Florida AG says Romneycare is different from Obamacare, is a good thing, and she will be on Romney's health care team (it almost, not quite but almost, sounds like to replicate Romneycare).
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Brokaw objecting to his report being used in a campaign is pretty funny, as he constantly uses his broadcasts to boost Obama's - and every other Democrats' - camapigns.
Reply to this commentLinkReport AbuseIt should be the very definition of "fair use" - 16 year old newscasts don't have any market value anyway.
They are just afraid someone will dig up the time they accidentally criticized a Democrat.
Reply to this commentLinkReport AbusePrecisely. This is all in the public domain. If the reporting is accurate, the context accurate, then Brokaw should have no cause for complaint nor is it improper.
Reply to this commentLinkReport AbuseTom Brokaw thinks he's Lady Gaga, or maybe Nancy Wilson.
Reply to this commentLinkReport AbuseI don't know why Brokaw is so steamed over being seen in a political ad. What pray tell were his NBC News broadcasts for all those year except nightly political ads for the Democrats?
Reply to this commentLinkReport AbuseBut we only intended those things to help DEMOCRATS!
Reply to this commentLinkReport AbuseWhat Brokaw said was code for "We at NBC want to choose the time, place and method for influencing elections.
Reply to this commentLinkReport AbuseMore proof the liberal MSM is pulling for a Gingrich win.
Reply to this commentLinkReport AbuseBack in the Summer and early Fall of 1992, Tom Brokaw would lead at least one story a night as follows: "More bad news for President Bush tonight...". Then, right after Clinton won the election, the economy magically recovered. Overnight.
Reply to this commentLinkReport AbuseBrokaw's "journalistic comments" (cough) on the NBC Nightly News of which Brokaw is/was and employee, are the copyrighted property of NBC. Before using it, the campaign should have obtained permission from NBC.
What Brokaw's non-NBC employee guests might say is not necessarily the property of NBC News, and the more they are public figures the less claim NBC has of ownership in what they say. Note, as an example, that Rush Limbaugh reads the questions from the network employees, then plays the soundbite responses. And Rush is not going to screw around with that kind of stuff, being the consummate professional etc etc.
"Fair use" is more of a commentary and analysis thing, than a campaign use thing, in terms of copyright.
That being said, from the standpoint of a grey man candidate of the Republican Establishment who can't defend himself, using a Brokaw quip to attach Gingrich, then saying "Oh. I'm sorry" to NBC afterwards is worth the "risk." What is NBC going to do besides send a lawyer's letter, not take Romney's campaign ads? I don't think so.
Oh. Was Brokaw drunk during the clip?
Reply to this commentLinkReport AbuseYou Tube has more videos of NBC than you can shake a stick at. Once it has been in the public domain, you have little to no say over who uses the footage. We have Facebook and Twitter to thank for how this is evolving. It's nice to see these so-called journalistic hacks being hoisted on their petards.
Reply to this commentLinkReport AbuseNBC released this to the public domain???
Reply to this commentLinkReport AbuseI don't know where you think you learned your copyright law, but you're wrong. This is a paradigmatic example of "fair use," not a close question. If NBC's lawyers tried to enforce copyright here through a federal court lawsuit, their lawyers would be sanctioned for a bad-faith filing.
Reply to this commentLinkReport AbuseThe add is exactly why people like me despise Romney and never vote for him. Read the January 28th Wall Street Journal's editorial on Romney's accusations.
Romney's modus operandi has always been to fabricate lies about his fellow candidates and spend millions spreading these lies in the attempt to destroy them. Romney is the one who started the negative adds in this campaign.
The fact that he hides behind an insipid smile and tries to sell us the story that he is a good honest, religious, family man who came by his money honestly, is belied by his actions during this and his 2008 campaign. He is fundamentally manipulative and dishonest. Sounds something like Obama.
The only things which Mitts has shown any passion about are his lying attack adds and his defense of Romneycare. Neither recommend him to the electorate.
Santorum finally called him out on Romneycare in the last debate and Mitts did a really bang-up job defending it; not!!
If the Republican Party nominates this charlatan as their standard bearer for 2012, they are finished. The third party will not be far behind.
Reply to this commentLinkReport Abuse"I do not want my role as a journalist compromised for political gain"
**SPITS BEER ACROSS ROOM**-
BWAAAAAAAAA-hahahahahaaaaaaaaaaaaaaa!!!!
Reply to this commentLinkReport AbuseThe response fro Brokaw and NBC is silly. Of course, that's all one could expect from this silly "News" outlet. The ad just adds to my distaste for Romney. I will not pull the lever for the guy, not in the primary or the general. And spare me the guilt trip pressure, it's my vote not the Republicans.
Reply to this commentLinkReport AbuseHe intended to hurt Gingrich politically, not to help Romney.
Reply to this commentLinkReport AbuseGiven that Gingrich was subsequently fully exonerated of the charges Brokaw refers to in the clip, perhaps NBC actually is having the grace to be embarrassed?
Nahh. This is an old-line Network, after all. Far more likely they just don't want to be part of helping a candidate they think more likely to beat The One come November.
Reply to this commentLinkReport AbusePolitical speech, not commercial speech. No more than necessary to make the point. No implied endorsement. No chance of usurping the market for NBCNews exceprts. Fair use. End of story.
If NBC had a case, they'd bring it. The fact that they don't is proved by their being reduced to begging in public. Otherwise, they'd have a TRO by now.
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