Skip to Main Content
 

Trevor Potter Comments on Pawlenty's Use of ABC Sports Footage in Political Ad

July 22, 2011, The Daily Caller

Excerpt taken from article.

ABC Sports is alleging that Tim Pawlenty violated copyright law when his campaign used footage from "Miracle on Ice," to which ABC Sports owns the rights, in a new political ad.

The footage of the U.S. hockey team's amazing defeat over the Soviet team in the 1980 Olympic Winter Games appears in Pawlenty's newest ad, "The American Comeback," released Thursday and running on Iowa television.

Trevor Potter of Caplin and Drysdale, who served as general counsel to the McCain campaign, says that such arguments about campaign ads are common. "Every campaign gets into these sorts of disputes when they use commonly-available video footage that is subject to intellectual property protection. The campaigns always contend that the footage they used is ‘fair use' (only a small portion of the protected material), not confusing to the viewer, and protected political speech under the First Amendment. Copyright holders are conversely pushed by THEIR lawyers to ‘protect' the copyright by objecting to all unauthorized uses, even political ones such as Pawlenty's. These disputes are usually resolved by the campaign agreeing to cease use of the offending footage – a concession that usually comes after the campaign has already decided the ad has served its purpose and moved on anyway. Almost never do they result in a final judgment on the legal issues by a court," Potter wrote in an email. Read The Daily Caller article.

________________________________________________

About Caplin & Drysdale
Having celebrated our 50th Anniversary in 2014, Caplin & Drysdale continues to be a leading provider of tax, tax controversy, and litigation legal services to corporations, individuals, and nonprofits throughout the United States and around the world. We are also privileged to serve as legal advisors to accounting firms, financial institutions, law firms, and other professional services organizations.

The firm's reputation over the years has earned us the trust and respect of clients, industry peers, and government agencies. Moreover, clients rely on our broad knowledge of the law and our keen insights into their business concerns and personal interests. Our lawyers' strong tactical and problem-solving skills - combined with substantial experience handling a variety of complex, high stakes, matters in a boutique environment - make us one the nation's most distinctive law firms.

With offices in New York City and Washington, D.C., Caplin & Drysdale's core practice areas include:

-Bankruptcy
-Business, Investment & Transactional Tax
-Complex Litigation
-Corporate Law
-Employee Benefits
-Exempt Organizations
-International Tax
-Political Law
-Private Client
-Tax Controversies
-Tax Litigation
-White Collar Defense

For more information, please visit us at www.caplindrysdale.com.

Washington, DC Office:
One Thomas Circle, NW
Suite 1100
Washington, DC 20005
202.862.5000
        New York, NY Office:
600 Lexington Avenue
21st Floor 
New York, NY 10022
212.379.6000

___________________________

Disclaimer
This communication does not provide legal advice, nor does it create an attorney-client relationship with you or any other reader. If you require legal guidance in any specific situation, you should engage a qualified lawyer for that purpose. Prior results do not guarantee a similar outcome.

Attorney Advertising
It is possible that under the laws, rules, or regulations of certain jurisdictions, this may be construed as an advertisement or solicitation.

© 2017 Caplin & Drysdale, Chartered
All Rights Reserved.

Related Professionals

Related Practices