Legal Action Over CNN's six-hour exclusive window on all Al Jazeera
video?
CNN on Sunday scrambled to prevent a
major public relations meltdown after broadcast and cable news networks
complained of receiving a fax threatening legal action if they used
video from Kabul, Afghanistan, provided by the Al Jazeera news outlet.
The networks ignored the letter and
used Al Jazeera's video of the attack on Kabul as well as an interview
with Osama bin Laden throughout the day.
The letter, sent by Qatar-based Al Jazeera
but apparently with the blessing of CNN, warned that a deal struck
between the two news organizations gave CNN a six-hour exclusive
window on all Al Jazeera video.
The letter said, in part, that anyone
breaking the embargo "shall be held legally responsible and
could face prosecution in a court of law."
Al Jazeera is the only organization
that has access to bin Laden and the Taliban. ABC, CBS, NBC, Fox
News Channel and MSNBC said any footage coming out of Afghanistan
constitutes "fair use" under the Copyright Act, meaning
that they would have a legal right to use it for legitimate breaking
news provided Al Jazeera received credit.
Beyond that, the networks howled that
CNN was trying to monopolize coverage of the war against the interests
of the American public. Every network issued a statement condemning
CNN.
"We felt there was overwhelming
national interest in showing the American people those images from
Afghanistan, which far outweighed whatever commercial agenda CNN
was attempting to pursue," ABC News said. CBS, MSNBC, FNC and
NBC all issued statements similar to ABC's.
Sources said CBS senior vp news coverage
Marcy McGinnis asked CNN chief news executive Eason Jordan over
the weekend to reconsider, reminding him of how the networks had
cooperated in the aftermath of the Sept. 11 terrorist attacks.
But CNN insisted that it was all a misunderstanding,
saying it had never sought to prevent its rivals from using the
Afghanistan footage. A spokesman said CNN has had a long-standing
nonexclusive affiliate relationship with Al Jazeera since before
the Sept. 11 attacks. In the week after the attacks, the CNN spokesman
said, "we added to the relationship (with Al Jazeera)"
with the addition of the six-hour embargo on CNN's rivals using
the footage.
"We've had a relationship,"
CNN's Matthew Furman said. "Al Jazeera confirmed the relationship
in writing, which was the letter you were referring to. In light
of what's going on in Afghanistan and around the world, and the
seriousness of the issue, we have no plans to enforce this exclusivity."
Furman insisted that because Al Jazeera
sent out the letter, it was that organization's decision to press
the issue. "We're not in the position to give out the footage,
but we had no plans to enforce the exclusivity," he said.
But Fox News Channel said CNN did press
the issue Sunday morning. FNC vp and senior counsel Dianne Brandi
said the note came on Al Jazeera letterhead from the CNN national
desk.
"When we put on the Al Jazeera
video, it was CNN calling us to take us down. ... We didn't get
any calls from Al Jazeera," she said.
Brandi said CNN called the FNC assignment
desk and complained vociferously to two editors about its use of
the footage.
Brandi added that despite CNN's insistence
that the six-hour embargo had been in effect for weeks, since sometime
after the attacks, her network had not been alerted to it until
Saturday. Other network executives agreed with Brandi, saying Saturday
was the first they had heard of any CNN/Al Jazeera exclusivity.
Asked why the other networks were unaware
of an embargo supposedly in place for weeks, Furman said he did
not know.
"Right now, we're focusing on covering
this developing story -- that's where our focus is," he said.
The networks all said they would decide
what to do this week on the Al Jazeera footage on a case-by-case
basis. Unlike Sept. 11, the broadcast networks did not cover Sunday's
attack continuously.
A little after 12:30 p.m. EDT, ABC,
CBS and NBC interrupted their Sunday programming to go to live coverage
of the news of the attack. (CNN was the last to come on the air
with the news as it was in the middle of a Wolf Blitzer show.) All
of the networks returned to regular programming at 9 p.m.
CBS stayed on the air until the 6 p.m.
local news hour, then broadcast a two-hour "60 Minutes."
CBS did air its NFL football games, but spokeswoman Sandy Genelius
said the network left it up to the affiliates whether to run the
games.
NBC dumped out of its war coverage for
a NASCAR race at 4:30 p.m. and returned with the news at 6:30 p.m.
and a two-hour "Dateline." ABC aired continuous coverage
all afternoon, pre-empting a women's golf tournament, and also ran
a two-hour special after its regular newscast.
Asked why NBC did not stay with the
story all day, spokeswoman Barbara Levin said: "We'll be up
if events warrant. We've been on the air for four hours, and we'll
be on the air later for 2 1/2 hours."
Fox Broadcasting Co. was the only major
network not to pre-empt its original programming, a football game.
The net instead opted for news briefings every half-hour.
Sources said Fox news and sports brass
conferred shortly after the news about the attack on Afghanistan
broke, and it was decided that Fox was going to stick with its sports
coverage, while FNC would stay on the breaking story on the cable
side.
(Nellie Andreeva in Los Angeles contributed to
this report.)
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