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Could Cho's family have stopped NBC from airing the videos?

Over at Madisonian, Fred Yen ponders a question that has been nagging at me for a few days: Could Cho's family, having inherited the exclusive rights to his video rants, have asserted copyright claims to limit what NBC could do with them?

Clearly, NBC has not exclusive right to the videos and images. The best it could argue is that it only broadcast limited slices of them and their use was fair. That seems pretty strong.

But it gets messy when NBC shared the videos with other news organizations under the provision that they retain the embedded NBC logo. The very embedding and eiditing into a news package creates a derivative work, no?

Anyway, it's a purely academic question. Clearly Cho's family has no time for copyright games right now. But still, I wonder if NBC lawyers thought this thing through.

Read Fred's post.

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