CNN has threatened to take legal action against any creators and streamers who attempt to broadcast and add commentary to their upcoming debate stream. As the host of the upcoming first presidential debate this Thursday, CNN has notified livestreamers that live-streaming the debate with additional commentary is not permissible.
CNN’s Jake Tapper and Dana Bash will host the Thursday debate.
The network has made it clear that they will not allow the use of their debate footage outside of their own network, claiming copyright infringement.
The decision has been met with criticism from many who argue that commentary and criticism of the debate fall under the fair use doctrine, which allows for the use of copyrighted material under certain circumstances.
Critics contend that the public has a right to see and discuss the debate in whatever format they choose, and that CNN’s decision to restrict commentary on the debate is an overreach.
Tim Pool, a popular commentator, has been particularly vocal in his opposition to CNN’s stance. “Commentary on a presidential debate is the epitome of fair use and we fully intend to provide insight and real time fact checking Thursday LIVE,” Pool posted on X.
A CNN spokesperson informed Pool: “Confirming that we are offering digital platforms the ability to stream the debate only via CNN YouTube. We are not granting digital entities the right to stream the debate on their own YouTube channels. I hope that helps.”
Breaking Points host Saager Enjeti confirmed the same.
The controversy comes just days before the first presidential debate of the 2024 election cycle, which is set to take place on June 27. The debate will be hosted by CNN’s Jake Tapper and Dana Bash and will feature President Joe Biden and former President Donald Trump.
Fair use is a doctrine embedded in US copyright law that allows limited use of copyrighted material without permission from the rights holders. This includes uses such as criticism, comment, news reporting, teaching, scholarship, or research. The principle aims to balance the interests of copyright holders with the broader public interest, promoting freedom of expression and innovation in the process.
Why Debate Commentary Should Be Considered Fair Use
Nature of the Content: The content in question—presidential debates—is of undeniable public importance. These debates are pivotal in shaping public opinion and informing voters about where candidates stand on critical issues.
Purpose and Character of the Use: Commentary and live analysis of debates add significant value through educational insights, critical analysis, and fact-checking. This transformational use differs markedly from simply rebroadcasting the debate. It serves an educational purpose and often uses only as much of the original work as is necessary to provide effective commentary.
Effect on the Work’s Value: Commentary and critique are unlikely to replace the original debate broadcast but rather complement it by broadening its audience and enhancing public understanding. This use does not diminish the market for the original; instead, it could arguably increase audience engagement with the debate itself.
The Public’s Right to Engage
Critics, such as commentator Tim Pool, argue that restricting commentary infringes on the public’s right to engage in political discourse—a fundamental element of a healthy democracy. Pool contends that offering real-time insights and fact-checking during a debate is quintessential fair use, driven by a need to inform and educate, rather than profit from the original broadcast.
Elon Musk has made his stance clear on the issue. He has stated that the public has a right to see Presidential debates however they would like, and that the Digital Millennium Copyright Act (DMCA) does not apply in this case. Specifically, he tweeted:
“The public has a right to see Presidential debates however they would like. DMCA does not apply.”
This statement indicates that Musk believes that commentary and criticism of the debate fall under the fair use doctrine, and that CNN’s attempt to restrict commentary on the debate is an overreach. He has also indicated that his platform, X, will not comply with DMCA takedown requests from CNN related to the debate.
