In documents filed Friday in U. S. District Court for the Western District of Missouri, attorneys for Secretary of State Robin Carnahan's campaign asked the court to toss Fox News Channel's copyright infringement claim, saying the cable channel did not even file its copyright papers until after it filed its lawsuit.
In addition, the motion notes that only 24 seconds were used from a one-hour program, which would fall under fair use, and much of the ad featured a public domain CSPAN photograph of Carnahan's opponent, Seventh District Congressman Roy Blunt.
Fox News' lawsuit was filed after the Carnahan campaign aired an ad showing Chris Wallace, who is also suing the Carnahan campaign, asking Blunt tough questions concerning his relationship with disgraced lobbyist Jack Abramoff and his unsuccessful attempt to slip wording into the Homeland Security Bill, which would benefit big tobacco, and thus Phillip Morris, the client of his lobbyist girlfriend (now wife) Abigail Perlman.
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