Thursday, August 01, 2019

Pakman's knockdown by CNN during livestream of debate raises questions that ought to be settled law

On Wednesday, July 31, I embedded David Pakman’s video of his having a livestream of the CNN Democratic debates stopped (on the TV blog).  Pakman reported getting a formal three month copyright strike from YouTube after a manual complaint from someone at CNN, and also being the target of a malicious tweet calling him a pirate.

Today Pakman reports that the copyright strike has been reversed. He did the second night livestream on Twitch without incident.  I’m a little confused if you need separate Twitch membership to his channel to join the chat.

But the big question still remains:  can one network monopolize rights to carry a political debate from candidates for national office?  How does copyright law apply?  Could the Copyright office change the policy if CASE eventually passes?

Did the Democratic Party of DNC give CNN exclusive right to carry the debates?  It sounds like it is very much against the public interest if it did so, and the DNC is giving in to Wall Street and big media if it did, and behaving hypocritically (big surprise). 
But it is common for persons who film pubic events (like outdoor protests and demonstrations) to own the exclusive rights for their own film, and to license the film to documentary film companies or to larger news outlets for broadcast.  It is possible to do this and still allow the YouTube video to be embedded for free in blog posts (although that goes against the idea of paywalls and this practice could change if industry gets around to setting up bundled paywalls for consumers, which I have been advocating for having healthier business models).  Ford Fischer’s videos of protests are licensed this way (by News2Share).
 But we should not have controversy over livestreaming political debates with commentary.  Whether this is Fair Use ought to be settled law already, 

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