Hooray for Robin Carnahan!Submitted by Bob-45 on Wed, 10/13/2010 - 08:05
Democrat Fights Back against Fox News Lawsuit
Tuesday, 12 Oct 2010 07:25 AM
LOS ANGELES - Last month, Fox News filed an unprecedented lawsuit against Democratic senatorial candidate Robin Carnahan, claiming she violated its copyright by using a Fox News clip in a campaign commercial against her challenger.
Now, Carnahan has struck back, telling a Missouri District Court that Fox News sued before properly registering copyright on the clip.
The Carnahan camp submitted a motion to dismiss the lawsuit on Friday, arguing that the popular cable news network was premature in initiating its copyright claim.
Carnahan's lawyers say this is "more than a technical failure." Instead, the campaign contends that Fox couldn't complete a copyright application because it would have trouble claiming copyright on all elements of the clip that Carnahan used. The footage itself, it turns out, incorporates an image first broadcast on C-SPAN. The campaign says this may be proof that Fox abused the copyright registration process and filed a frivolous claim in bad faith.