Maybe Republicans Will Finally See the Light on Copyright Law

For indispensable reporting on the coronavirus crisis, the election, and more, subscribe to the Mother Jones Daily newsletter.


The Obama campaign recently released a TV commercial that features Mitt Romney singing “America the Beautiful.” This is a song that’s in the public domain, so it’s no problem. The Romney campaign, hoping to do a little musical mockery of its own, responded with a commercial that features Obama singing Al Green’s “Let’s Stay Together.” Boom! This is decidedly not in the public domain, and BMG immediately sent a DMCA takedown order to YouTube. Within hours, the commercial was gone. Adam Serwer comments:

This seems like a straightforward instance of censorship, whatever BMG’s politics. There’s a doctrine in copyright law called “fair use,” which allows limited use of copyrighted material for “purposes of illustration or comment” or “use in a parody of some of the content of the work parodied.” Whatever one thinks of Romney’s political views, as Ars Technica’s Timothy Lee writes, “The Romney ad seems like as clear-cut a case of fair use as can be imagined.”

Obama’s singing is a core part of the ad’s message, and copyright law explicitly mentions commentary and criticism as justifications for fair use….Meanwhile, Lee notes, according to the law, “YouTube is required to wait a minimum of 10 days before putting the video back up.” It’s hard to see the benefit in allowing companies to unilaterally decide political disputes this way, whatever their intentions.

I agree on the merits. However, where Adam sees lemons, I see lemonade. It’s common knowledge that the best way to get Congress to act is to do something that personally annoys a congressman. So maybe this is that thing. Now that modern copyright law is hitting them where it hurts, perhaps the Republican caucus in the House will be outraged enough to introduce a bill that defines fair use more reasonably and eliminates the more draconian abuses of DMCA.

I know, I know: fat chance. But maybe if it happens again, they’ll be primed and ready. And if the elephant is annoyed enough times, maybe it will finally do something. Stranger things have happened.

DEMOCRACY DOES NOT EXIST...

without free and fair elections, a vigorous free press, and engaged citizens to reclaim power from those who abuse it.

In this election year unlike any other—against a backdrop of a pandemic, an economic crisis, racial reckoning, and so much daily crazy—Mother Jones' journalism is driven by one simple question: Will America will move closer to, or further from, justice and equity in the years to come?

If you're able to, please join us in this mission with a donation today. Our reporting right now is focused on voting rights and election security, corruption, disinformation, racial and gender equity, and the climate crisis. We can’t do it without the support of readers like you, and we need to give it everything we've got between now and November. Thank you.

DEMOCRACY DOES NOT EXIST...

without free and fair elections, a vigorous free press, and engaged citizens to reclaim power from those who abuse it.

In this election year unlike any other—against a backdrop of a pandemic, an economic crisis, racial reckoning, and so much daily crazy—Mother Jones' journalism is driven by one simple question: Will America will move closer to, or further from, justice and equity in the years to come?

If you're able to, please join us in this mission with a donation today. Our reporting right now is focused on voting rights and election security, corruption, disinformation, racial and gender equity, and the climate crisis. We can’t do it without the support of readers like you, and we need to give it everything we've got between now and November. Thank you.

We Recommend

Latest

Sign up for our newsletters

Subscribe and we'll send Mother Jones straight to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate