[EL] IE Republishing Campaign Ad

[Will Moore]

Fair use is right there in the statute for copyright law. There's nothing
analogous in campaign law.

Moreover, this is an entire republication.  So the nuances of fair use
wouldn't even save this if it was a copyright case.


William Moore
*The Moore Firm - Business Law*
5755 Oberlin Dr., Suite 301, San Diego CA 92121 | www.themoorefirm.net
(858) 210-7999 | wmoore at themoorefirm.net


On Mon, Nov 18, 2013 at 2:00 PM, David A. Holtzman <David at holtzmanlaw.com>wrote:

>  Surely there must be an exception for "fair use," as with copyright law.
>
> I'm thinking about the "Daisy Ad."
> Wikipedia says this about that:
> "Though only aired once (by the campaign), it is considered an important
> factor in Johnson's landslide victory over Barry Goldwater and an important
> turning point in political and advertising history."
>
>
>
>  On 11/18/2013 10:18 AM, Paul Ryan wrote:
>
>  Will,
>
>
>
> The activity you describe would seemingly clearly violate 11 CFR 109.23 if
> it occurred in a federal race.  Section 109.23 of the FEC’s regulations
> establishes that the “financing of the dissemination, distribution, or
> republication, in whole or in part, of any broadcast or any written,
> graphic, or other form of campaign materials prepared by” a candidate
> campaign committee “shall be considered a contribution for the purposes of
> the contribution limitations . . . .”  At the federal level, an
> “independent expenditure-only political committee” (a.k.a. Super PAC) is
> prohibited from making a contribution to a candidate.
>
>
>
> We filed a complaint<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=1627:february-27-2012-legal-center-seeks-investigation-of-apparent-illegal-contribution-from-super-pac-to-romney-campaign-&catid=63:legal-center-press-releases&Itemid=61>with the FEC in February 2012 urging investigation of an apparent violation
> of this provision by the Super PAC Restore Our Future, which paid to air a
> TV ad produced by Mitt Romney’s 2008 campaign committee.  The FEC does not
> comment publicly regarding complaints until the matter is resolved and we
> haven’t heard anything yet.
>
>
>
> Of course, San Diego municipal law and California state law governs San
> Diego mayoral races and I’m not sure precisely how/whether such
> republication of campaign material is covered by San Diego and California
> law.
>
>
>
> Paul Seamus Ryan
>
> Senior Counsel
>
> The Campaign Legal Center
>
> 215 E Street NE
>
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>
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>
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>
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>
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>
> *From:* law-election-bounces at department-lists.uci.edu [
> mailto:law-election-bounces at department-lists.uci.edu<law-election-bounces at department-lists.uci.edu>]
> *On Behalf Of *Will Moore
> *Sent:* Monday, November 18, 2013 12:13 PM
> *To:* Election Law
> *Subject:* [EL] IE Republishing Campaign Ad
>
>
>
> Here in San Diego, we have a mayoral candidate who ran a TV ad, then his
> supporting Independent Expenditure org ran exactly the same ad (with a
> corresponding different disclosure).
>
>
>
> Strikes me as a pretty obvious violation, since republishing is the most
> straightforward kind of message coordination.
>
> Anybody have any thoughts on this or experience from other jurisdictions?
>
>
>
> -Will
>
>
> William Moore
> *The Moore Firm - Business Law*
> 5755 Oberlin Dr., Suite 301, San Diego CA 92121 | www.themoorefirm.net
> (858) 210-7999 | wmoore at themoorefirm.net
>
>
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> --
> David A. Holtzman, M.P.H., J.D.
> david at holtzmanlaw.com
>
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