[EL] IE Republishing Campaign Ad
David A. Holtzman
David at HoltzmanLaw.com
Mon Nov 18 15:24:27 PST 2013
Thanks, Paul!I'm sure news organizations played the "Daisy Ad" in its
entirety, with commentary of course.For all I know, it was shown on
newsreels in movie theaters.
In modern times, "news" organizations like the Huffington Post, or Real
Clear Politics or the Drudge Report will probably put favorite campaign
commercials up on their very valuable webpages.But how about aspiring
journalists/bloggers ... does their content count as news?
Thank goodness there are de minimis costs that don't have to be
reported, or think of all the paperwork that would be required to make a
campaign ad go viral!
Politics is part entertainment, people!
:-)
p.s. the regs seem too strict about using clips from campaign-produced
bio reels in IE-funded support ads.And Brad Smith has a good point about
the lack of actual meetings involved with IE-funded replays. Timing
matters.Why can't you use work that's already done and has been made
available to the public?You can't use the campaign's design for lawn
signs?Are we trying to support ad agencies?Sponsoring replay of an
existing ad merely says you like the ad and the candidate, which you're
allowed to say without limit.
On 11/18/2013 2:36 PM, Paul Ryan wrote:
>
> The FEC regulation contains exceptions where:
>
> ·the "campaign material used consists of a brief quote of materials
> that demonstrates a candidate's position as part of a person's
> expression of its own views";
>
> ·the "campaign material is incorporated into a communication that
> advocates the defeat of the candidate . . . that prepared the
> material"; and
>
> ·the "campaign material is disseminated . . . in a news story,
> commentary, or editorial . . . ."
>
> Paul Seamus Ryan
>
> Senior Counsel
>
> The Campaign Legal Center
>
> 215 E Street NE
>
> Washington, DC 20002
>
> Ph. (202) 736-2200 ext. 214
>
> Mobile Ph. (202) 262-7315
>
> Fax (202) 736-2222
>
> Website: http://www.campaignlegalcenter.org/
>
> Blog: http://www.clcblog.org/
>
> To sign up for the CLC Blog, visit:
> http://www.campaignlegalcenter.org/index.php?option=com_forme&fid=1&Itemid=63
>
> Follow us on Twitter @CampaignLegal <http://bit.ly/j8Q1bg>
>
> Become a fan on Facebook <http://on.fb.me/jroDv2>
>
> *From:*will.moore.law at gmail.com [mailto:will.moore.law at gmail.com] *On
> Behalf Of *Will Moore
> *Sent:* Monday, November 18, 2013 5:21 PM
> *To:* David A. Holtzman
> *Cc:* Paul Ryan; Election Law
> *Subject:* Re: [EL] IE Republishing Campaign Ad
>
> 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
> <http://www.themoorefirm.net>
> (858) 210-7999 | wmoore at themoorefirm.net <mailto:wmoore at themoorefirm.net>
>
> On Mon, Nov 18, 2013 at 2:00 PM, David A. Holtzman
> <David at holtzmanlaw.com <mailto: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
>
> Washington, DC 20002
>
> Ph. (202) 736-2200 ext. 214 <tel:%28202%29%20736-2200%20ext.%20214>
>
> Mobile Ph. (202) 262-7315 <tel:%28202%29%20262-7315>
>
> Fax (202) 736-2222 <tel:%28202%29%20736-2222>
>
> Website: http://www.campaignlegalcenter.org/
>
> Blog: http://www.clcblog.org/
>
> To sign up for the CLC Blog, visit:
> http://www.campaignlegalcenter.org/index.php?option=com_forme&fid=1&Itemid=63
>
> Follow us on Twitter @CampaignLegal <http://bit.ly/j8Q1bg>
>
> Become a fan on Facebook <http://on.fb.me/jroDv2>
>
> *From:*law-election-bounces at department-lists.uci.edu
> <mailto:law-election-bounces at department-lists.uci.edu>
> [mailto: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 <http://www.themoorefirm.net>
> (858) 210-7999 <tel:%28858%29%20210-7999> |
> wmoore at themoorefirm.net <mailto:wmoore at themoorefirm.net>
>
> _______________________________________________
>
> Law-election mailing list
>
> Law-election at department-lists.uci.edu <mailto:Law-election at department-lists.uci.edu>
>
> http://department-lists.uci.edu/mailman/listinfo/law-election
>
> --
> David A. Holtzman, M.P.H., J.D.
> david at holtzmanlaw.com <mailto:david at holtzmanlaw.com>
>
> Notice: This email (including any files transmitted with it) may
> be confidential, for use only by intended recipients. If you are
> not an intended recipient or a person responsible for delivering
> this email to an intended recipient, be advised that you have
> received this email in error and that any use, dissemination,
> forwarding, printing or copying of this email is strictly
> prohibited. If you have received this email in error, please
> immediately notify the sender and discard all copies.
>
>
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> <mailto:Law-election at department-lists.uci.edu>
> http://department-lists.uci.edu/mailman/listinfo/law-election
>
>
> --
> David A. Holtzman, M.P.H., J.D.
> david at holtzmanlaw.com
>
> Notice: This email (including any files transmitted with it) may be
> confidential, for use only by intended recipients. If you are not an
> intended recipient or a person responsible for delivering this email
> to an intended recipient, be advised that you have received this email
> in error and that any use, dissemination, forwarding, printing or
> copying of this email is strictly prohibited. If you have received
> this email in error, please immediately notify the sender and discard
> all copies.
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20131118/c2530c3c/attachment.html>
View list directory