ArchPundit

So both Rich Miller and I posted on Keyes’ new scam to sell DVDs of the Senate Debates to raise cash.

Rich asked

Could this be legal? Just wondering.

I replied in his comments:

It’s legal assuming he’s doing it legally–which is a big assumption. Wingnuts love to do this kind of fundraiser–Bill Federer does it all the time with ‘his’ book–you know, the one other people largely wrote and sued him over.

And Austin Mayor answers that in fact, the Southern Illinois points out a little issue of copyright infringement.

The radio debate was presented by The Illinois Radio group, which is a WSIU affiliate. Jak Tichenor, producer at WSIU-TV, said he has never heard of anything like this before. He said the actual debate is material of the organization that produced and he said written consent is necessary for this type of reproduction.

“This is 180 degrees from normal protocol,” Tichenor said.

ABC affiliate WLS Channel 7 conducted the first televised debate between Keyes and Obama on Oct. 21. Public Television Station WTTW in Chicago organized the second TV debate on Oct. 26.

ABC Channel 7 News Director Jennifer Graves said she was shocked to hear about Keyes’ distribution of her station’s program.

“This is the first I have heard of this,” Graves said. “I’m going to have to make some phone calls around the newsroom, and then I think I will be calling our lawyer.”

Keyes’ people argues he has control over anything he participated in as long as he attributes the source. This is, in a word, Bullshit. He has the ability to exerpt fair use clips of it, but not rights to sell it unless it is all his footage and even then the conditions of the event could be an issue.

Robert Gibbs, clearly bored with life in DC as Obama’s Press Secretary, gets tossed a bone:

The Obama staff, accustomed to Keyes’ headline grabbing, was quick to offer a response to the news.

“Given the fact that Alan Keyes suffered the greatest electoral defeat in Illinois Senate history, I can’t imagine why anyone would give him any money,” Obama spokesman Robert Gibbs said. “However, given the recent announcement of the retirement of Sen. Paul Sarbanes, I can only presume any proceeds from the sale of these videos will likely follow him to Maryland for a fourth senate contest.”

I’d accuse him of stealing my idea, but it’s pretty obvious humor.

The Keyes version of the events is rather humorous:

In response to overwhelming demand, we are pleased to offer the historic Keyes-Obama 2004 Senate debates! Not since the Lincoln-Douglas debates of 1858 have the moral issues of the day been deliberated upon at such an intense and impressive level. Available individually or as a set, these debates are a unique and valuable exhibition of two very different approaches to the challenges facing America. Watch and decide for yourself who the winner was!

SCOREBOARD!