A story in Friday's Star Tribune briefly mentioned a dustup between Tim Pawlenty's presidential campaign and ABC Sports. Here's the back story:
Pawlenty's new "Miracle on Ice" ad may be hit with a cease-and-desist letter for using footage from the 1980 U.S. Olympic hockey team.
The Des Moines Register reported Thursday that ABC Sports was preparing a cease-and-desist letter for improperly using the hockey footage in the ad.
"It's a violation of our copyright and exclusive proprietary rights," said Louise Argianas, director of rights and clearances for ABC Sports. She said ABC Sports retains exclusive rights in the U.S. for the footage.
Mike Soltys, ESPN vice president of U.S. network communications, said in a statement to the Star Tribune: "Neither ABC nor ESPN has asked the Pawlenty campaign to remove any footage from their video, although neither ABC nor ESPN licensed the video to them or authorized its use."
Soltys would not say that the original story was inaccurate, and declined to elaborate beyond the written statement.
Pawlenty spokesman Alex Conant responded that the campaign believes the footage is allowed because it complies with the "fair use" doctrine.
"All of our campaign television advertising is carefully reviewed by the campaign's lawyers to ensure compliance with the copyright laws, the federal election laws, and other legal provisions," Conant said in an e-mail. "The campaign's 'Miracle on Ice' advertisement was carefully reviewed for legal compliance and we believe fully complies with the 'fair use' doctrine. We respect ABC's concern and look forward to responding to their inquiry."
Pawlenty's ad features the former governor's narration as it cuts to scenes from the U.S. team's upset victory over the Soviets and broadcaster Al Michaels' famous "Do you believe in miracles?"
Argianas said the network was going to request that the Pawlenty campaign pull its "Miracle on Ice" ad and may seek damages.
"And they used our announcer's voice, which they are not allowed to do either," she told the Register. "Which I'm going to have to call his agent about."
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