Yeah yeah, everyone enforces their copyrights to the maximum extent possible. But this does not prevent massive amounts of both licensed copying and free use copying. The framework I outlined above is from the US Supreme Court's rulings on fair use so applies for everyone in the US.
[responses to edited-out portion of parent comment]
Re: #1, GN's work while commercial is an educational investigative journalism / documentary piece which are well established users of Free Use protection. GN's use is absolutely transformative.
#4: Bloomberg would have to prove a financial loss to have standing. That would mean that GN must have no other option than to use Bloomberg's clip, and pay the license, which I don't think would fly. GN would have just produced the segment differently.
Yeah yeah, everyone enforces their copyrights to the maximum extent possible. But this does not prevent massive amounts of both licensed copying and free use copying. The framework I outlined above is from the US Supreme Court's rulings on fair use so applies for everyone in the US.
[responses to edited-out portion of parent comment]
Re: #1, GN's work while commercial is an educational investigative journalism / documentary piece which are well established users of Free Use protection. GN's use is absolutely transformative.
#4: Bloomberg would have to prove a financial loss to have standing. That would mean that GN must have no other option than to use Bloomberg's clip, and pay the license, which I don't think would fly. GN would have just produced the segment differently.