Monday, September 22, 2008

Are the Conservatives infringing copyright by using CTV footage without permission in the Dion Gamble ads?

It certainly appears that they are.

Despite pulling video content from their notaleader attack website after ITQ posts, the Conservatives still appear to have copyright questionable content in their “Gamble” TV ads and, by extension on their sites.

The Conservative “Gamble” series of ads contain clips and images from a variety of networks. The primary clip, used in all of the ads, features Dion saying “very seriously, a carbon tax.” That's taken from CTV’s Question Period on Sunday, April 27, 2008.

According to an item in a Poll Notes column, “CBC and CTV said they do not license their material to political parties during campaigns. TVO asked the Tories to cease, desist.”

As noted in ITQ when assessing's use of footage:
“There’s nothing to indicate where the footage came from at all - which is required if you were planning to use the ‘fair dealing’ exemption, although it’s hard to see how this qualifies as “criticism or review.”
If the "Gamble" ad material is not licensed from CTV, and it's not fair dealing, then it looks like...copyright infringement.

Explanations, please.