FAIR AND BALANCED II
 |
James Joyner | Wednesday, August 13, 2003 |
Matthew Yglesias has an amusing suggestion:
If you’ve got a blog, please consider adding a “fair and balanced” tag somewhere in recognition of Rupert Murdoch’s out of control litigiousness (tort reform, anyone?). You also should consider buying the book.
Well, buying the book is out of the question (I vaguely recall a time when Al Franken was funny, however). But the tagline business is intriguing.
(Hat tip: Brad DeLong, who has added “Fair and Balanced Almost Every Day” to his journal’s title)
About the Author: James Joyner is the publisher of Outside the Beltway and the managing editor of the Atlantic Council. He's a former Army officer, Desert Storm vet, and college professor with a PhD in political science from The University of Alabama. He lives just outside the Beltway in Alexandria, Virginia with his wife and infant daughter.
Follow James on FriendFeed | Twitter | Digg
- None Found
- Nathalie Blanchard Facebook Smile Leaves Her Depressed
- Glenn Beck, Community Organizer
- OTB Latenight – Cherry Poppin’ Daddies
- Hacked Climate Scientists Emails Reveal Truth
- Obama, the Recession, and Polls
- Giuliani Running for Senate, Not Governor
- OTB Latenight – The Jesus & Mary Chain
- Fox Fake Crowd Videos
- Congress to Investigate Fake Districts
- Douthat Blogging Again
- Arguing with signposts... linked with Fair and balanced
- One Fine Jay linked with Balance That
- The World Around You linked with Another Cause I Can Support
- Ipse Dixit linked with Done
Scott Ott beat me to the punch with somethng funny. Well, he beats almost everyone to the punch. I wonder how white gymnasts can be described now that Rupert has the deal on Fair and Balanced?
But that is unfair...
Under trademark law if Rupert Murdoch does not sue now, (even if he does not want to) can can lose the right to in a future case.
If you do not defend your trademark, the courts will take it away.
Don't blame Rupert.
Paul
Paul,
I'd understand if another news organization were using it. But it's clearly permissible for a satirist to use it.
How strange ... I can never remember a time when Al Franken was funny.
Well, I'm no lawyer but I spend quite a bit of money paying an intellectual property rights attorney. Here is what I am pretty sure he would say:
I think Franklin is in trouble for 2 reasons.
1) As I said, BY LAW Rupert is REQUIRED to sue him. It is not up to Repert to decied if it is OK. The law says you have to go thru the motions. (Look up the case of the 11 year old kid that owned sluggo.com.)
2) The use and placement will be a hot topic in this trial. Fox puts it in red at the bottom of the screen. Franken did that with it on his book cover.
The courts have in the past been much more protective of logo type stuff. If I take a picture of a person on public property I don't need a model release to sell that picture. BUT If I put that picture (think "Girl's Gone Wild.") on the front of a video cassette box and people associate a product with that image NOW I turned that person into a logo and they get money.
**Logo's don't fall under "fair use."
Again, I'm no lawyer but I think they have a fairly strong case.
But my point is, it is unfair to blast Rupert for protecting his trademark when not doing so can cause him to give up rights to it in the future.
Paul
Comments are Closed
