All's Fair Under Fair Use?
On a late May morning, Srinandan R. Kasi, general counsel for the Associated Press, eyes four clusters of blue dots scattered across his computer screen as if they were a crime scene. Each dot represents a unique URL hosting content carrying a digital fingerprint of an AP-produced story...
During the last presidential election, for example, some television news outfits succeeded in pulling Internet campaign commercials containing snippets of their programs--despite the obvious fair-use exemption. Campaign managers used the counternotice provision to put their ads back up, said Corynne McSherry, staff attorney at the Electronic Frontier Foundation, but with more people using the Internet as an information source even a brief interruption can hurt an ad campaign.
"If it's so easy to take material down, you need some check to prevent people from abusing it," McSherry said.