# How is video for political ads obtained?

**URL:** <https://boards.straightdope.com/t/how-is-video-for-political-ads-obtained/998941>\
**Category:** Factual Questions\
**Created:** [March 17, 2024, 12:09pm UTC](https://boards.straightdope.com/t/how-is-video-for-political-ads-obtained/998941 "2024-03-17T12:09:13Z")\
**Posts on this page:** 7\
**Page:** 1

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**Author:** ![Sigene](https://avatars.discourse-cdn.com/v4/letter/s/df788c/32.png) [@Sigene](https://boards.straightdope.com/u/Sigene)\
**Post date:** [March 17, 2024, 12:09pm UTC](https://boards.straightdope.com/t/how-is-video-for-political-ads-obtained/998941/1 "2024-03-17T12:09:13Z")

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Political Candidate does something in front of news cameras

That video shows up in political ads. (First question) Is that actually true, that video from journalists does commonly show up in ads, or is it that the video is from another, non journalistic, source (like a political lackey at the same event)?

If true, what is the mechanism for obtaining that video? I don’t think the political campaign can just use it without permission, because of copywrite laws. But political ads are weird and have special rules governing them so as not to run afoul of first amendment issues.

Do campaigns pay for the license to use the video? Do news organizations have any reticence or obligation to license the video?

Since its ‘their video’ I can see how they want the right to decide who gets to use it…but I also see how they may have some requirement to allow it to be used…and I also see that they have the right to capitalize on their intellectual property.

I just would like a clearer understanding of the process.

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**Author:** ![Maserschmidt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/maserschmidt/32/18829_2.png) [@Maserschmidt](https://boards.straightdope.com/u/Maserschmidt)\
**Post date:** [March 17, 2024, 9:28pm UTC](https://boards.straightdope.com/t/how-is-video-for-political-ads-obtained/998941/2 "2024-03-17T21:28:28Z")

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Broadcast/news footage can be used (with attribution) under fair use.

> **[VERIFY: Political ads can use local newscast clips without consent](https://www.wzzm13.com/article/news/verify/political-ads-can-use-newscast-without-consent/69-b68b033a-2ff9-46b0-97fd-c76b93af9cae)**
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> Under the US copyright law, copyrighted material can be used without consent. It's called "fair use."

I’d add, however, as someone who has been to a lot of campaign rallies, that candidate organizations also send their videographers to opponent events in case they say something interesting.

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**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\
**Post date:** [March 18, 2024, 1:20am UTC](https://boards.straightdope.com/t/how-is-video-for-political-ads-obtained/998941/3 "2024-03-18T01:20:47Z")

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In addition, there are a lot of freelance videographers (i.e., paparazzi) who hang out at public events (political rallies, parades, etc.) on the off-chance something noteworthy will happen and then can make money selling the video.

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**Author:** ![md-2000](https://avatars.discourse-cdn.com/v4/letter/m/9d8465/32.png) [@md-2000](https://boards.straightdope.com/u/md-2000)\
**Post date:** [March 19, 2024, 11:52am UTC](https://boards.straightdope.com/t/how-is-video-for-political-ads-obtained/998941/4 "2024-03-19T11:52:43Z")

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How do political ad makers (or video producers in general, or late night comedy shows) access old footage, news or other? Does someone have to have recorded off TV at the time, or will the original source willingly license and provide it to the producers? Some of the clips appear to be professionally done, i.e. the major networks, not some guy with a video camera in the back of the room.

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**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\
**Post date:** [March 24, 2024, 2:51am UTC](https://boards.straightdope.com/t/how-is-video-for-political-ads-obtained/998941/5 "2024-03-24T02:51:23Z")

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There are many services that record TV stations/networks virtually continuously. Not necessarily for archival purposes, but also to have evidence that commercials aired when the station said they did, that a guest on a program did or did not make a libelous statement, etc.

As for licensing agreements, copyright, licensing, etc., that’s way above my pay grade.

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**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [March 24, 2024, 2:55am UTC](https://boards.straightdope.com/t/how-is-video-for-political-ads-obtained/998941/6 "2024-03-24T02:55:51Z")

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> [@Maserschmidt](#):
>
> Broadcast/news footage can be used (with attribution) under fair use.

Then how do people like Martin Luther King Jr.'s heirs copyright his public speeches (like his “I Have a Dream” speech)?

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**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [March 24, 2024, 3:00am UTC](https://boards.straightdope.com/t/how-is-video-for-political-ads-obtained/998941/7 "2024-03-24T03:00:20Z")

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> [@Whack-a-Mole](#):
>
> > [@Maserschmidt](#):
> >
> > Broadcast/news footage can be used (with attribution) under fair use. -
> 
> Then how do people like Martin Luther King Jr.'s heirs copyright his public speeches (like his “I Have a Dream” speech)?

[https://www.trademarkandcopyrightlawblog.com/2018/01/martin-luther-king-jr-and-copyright-five-things-you-should-know/](https://www.trademarkandcopyrightlawblog.com/2018/01/martin-luther-king-jr-and-copyright-five-things-you-should-know/)
