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Trying to Cap the Genie

ABC's Charles Gibson interviews Gov. Sarah Palin

NPR Photo-illustration/ABC News

In advance of its "ABC News Exclusive" interviews with Sarah Palin, the network distributed a detailed memo outlining what, where, when and how excepts from the interview could be used. (The full memo is included in the jump.)

This directive seems to have been ignored in wide quarters.

Certainly that's the case for Google, which owns Youtube. The video site is replete with copies of the interviews.

Politico seems to have violated a number of the provisions of the "agreement" in this piece.

And one could argue that NPR, by featuring a photo, and posting a radio story on our Web site that contains interview excerpts, also transgressed.

Are news organizations - who ought to know that this genie has long been out of the bottle - just wasting their time with these sort of restrictions? What do you think? Is this copyright violation? Are we all pirates? Or should this sort of information be allowed to flow freely?

Here's the full text of the ABC Palin interview memo:

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TO: NEWS DESKS & NON-ABC NEWS AFFILIATES

RE: ABC NEWS' INTERVIEW WITH GOVERNOR SARAH PALIN TO AIR THURSDAY, SEPTEMBER 11 & FRIDAY, SEPTEMBER 12

ABC News' Charles Gibson will interview Governor Sarah Palin, the Republican Vice Presidential candidate, on Thursday, September 11 and Friday, September 12 in Alaska. Excerpts of the interviews will begin airing on Thursday's "World News with Charles Gibson," followed by "Nightline" that evening. Additional portions will air Friday on "Good Morning America," "World News," and "20/20."

1. Beginning at 10:00 p.m., ET on Thursday, September 11 (following the West Coast broadcast of "World News") no more than ONE MINUTE (1:00) of actualities of the interview may be incorporated in your regularly scheduled network and cable news programs. You may only use interview clips where Charles Gibson and/or Governor Sarah Palin are on screen. No b-roll footage from the program or photos may be used. The excerpts may be used through 11:59 p.m., ET on Sunday, September 14.

2. After the first airing on "World News," excerpts will air on Thursday's "Nightline" and then on Friday's "Good Morning America," "World News," and "20/20." From 10:00 p.m., ET on Thursday September 11 through 2 a.m., ET on Saturday, September 13 (following the West Coast broadcast of "20/20"), you may use up to ONE MINUTE (1:00) in aggregate from any of the ABC News programs that air the interview. You may only use interview clips where Charles Gibson and/or Governor Sarah Palin are on screen. No b-roll footage from the programs or photos may be used. The excerpts may be used through 11:59 p.m., ET on Sunday, September 14.

3. At 2:00 a.m., ET on Saturday, September 13 following the West Coast broadcast of "20/20," you may use up to TWO MINUTES (2:00) in aggregate from any of the ABC News programs that aired the interview. Actualities of the interview may be incorporated in your regularly scheduled network and cable news programs through 11:59 p.m., ET on Sunday, September 14. You may only use interview clips where Charles Gibson and/or Governor Sarah Palin are on screen. No b-roll footage from the program or photos may be used.

4. Should you wish to use actualities of the interview beyond 11:59 p.m., ET on Sunday, September 14, you must contact ABC News' Rights and Clearances department.

5. The on-screen "ABC News Exclusive" credit must not be obscured during the entire excerpt you broadcast. The excerpt must be introduced with an audio credit "In an exclusive interview with ABC's Charles Gibson..."

6. You may not provide and must advise your affiliates and any other entities to which you provide material for broadcast that they do not have permission to incorporate any excerpts of your reports in their locally originated programming, but they may compile their own reports pursuant to the usage rules.

7. With regard to any possible excerpting by your network of the interview, please note that we expressly forbid the use of logos over any of the above footage. If it is not possible for you to excerpt the program without showing a logo, then there may be no excerpting.

8. No part of the interview may be used on the Internet or other online service or interactive multimedia transmission, or archived for future use.

ABC News reserves all of its rights and remedies in the event of any violation of its rights.

Sincerely,

ABC News

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