Legitimate Takedown and Fair Use

If you haven’t seen the Sarah Palin parody on Saturday Night Live, don’t go to YouTube. Here is the YouTube page where the video was.

As you might expect, content created on Saturday is still protected by copyright on Sunday. You can find the video over at NBC, although the link did not show up when I searched Google. It is posted on NBC’s main page right now. There are even embed codes so the video can be placed on my site (below).

The version on the NBC site had a pre-roll advertisement. I can embed it on my site, but NBC is getting the ad revue from the commercial (which seems to be gone from the embedded version of the video).

Here is something just as interesting. The one place you can find part of the video on YouTube is on Fox News’ reporting of the video. Fox News did not show all of the SNL video during their news show. They only played a small segment of the SNL broadcast. Because of the shorted duration, the Fox News version is protected by fair use. NBC may ask for another take, but it will be more difficult because Fox “played by the rules” when they showed the clip in the first place. So it will be up to Fox to decide if they want the clip taken down. The copyright protected commentary belongs to them.

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