Ironic that it's Faux making the claim.

I'm no lawyer, but I don't see how this could possibly be considered fair use.

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.[1]

This is a no brainer. The faux news channel supports Rudy. If Rudy had received positive press during a faux debate and ran an ad. No problem.

Maybe this is too clever by half, but it sure is convenient that FOX has decided to make an issue out of this.

Now this anti-Hillary attack ad is going to get all sorts of free media as the talk shows all "debate" whether it was fair use or not.

nevasayneva wrote on October 25, 2007 10:53 PM: I don't know that Foxnews supports Rudi but there is obviously something going on with Rupert Murdoch and Clinton. That seems a much more plausible explanation IMHO.

I WAS at Woodstock, and so were half a million of my friends. McCain is woefully ignorant of the guilt factor of the 'converted to capitalism' former hippies that would hold their noses and vote for HRC just for the nod back to their roots.
Now that I think about it, they would have never voted for McCain anyway. How amazing he had to resserect such old emnity and remind of the ancient hostility against those people that want peace.