Romney Campaign Will Not Withdraw Ad Featuring Brokaw Clip
As James Joyner noted this morning, NBC and Tom Brokaw have both objected to an anti-Gingrich ad put out by the Romney campaign that includes a clip of Tom Brokaw reporting on Newt Gingrich’s ethics issues while speaker. The Romney camp said this morning that they would not be withdrawing the ad:
Eric Fehrnstrom, Mitt Romney’s senior adviser, told reporters after a rally in Panama City, Fla., that the campaign has received NBC’s letter complaining about its recent ad featuring a 1997 broadcast but does not intend to take it down.
“We just received the letter. We are reviewing it. But we believe it falls within fair use,” Fehrnstrom said. “We didn’t take the entire broadcast, we just took the first 30 seconds of it.”
As a legal matter, my guess is that this would constitute “fair use” under applicable law so I don’t think that NBC really has much of an argument here. Nonetheless I can understand why they don’t like the idea of their premier news personality for decades starring in a political ad.