To secure evidence for an anticipated lawsuit against TV host
Dr. Phil McGraw, a producer for the show, Leah Rothman, recorded
nine seconds of the show's unaired archive footage onto her
cellphone.
The employee probably felt she had a strong case for making the
recording. She recorded only nine seconds. She felt she needed the
recording for use in litigation. The footage merely portrayed
actual candid events, not rehearsed or on-air content. But a
decision entered against her shows that fair use is never simple
and straightforward, and can be argued from many different
angles.
When the show's producer sued Rothman for copyright
infringement, she moved for summary judgment, claiming her use was
fair. Judge Rodney Gilstrap of the Eastern District of Texas
disagreed. Strongly. The court not only denied her motion, but also
held that her use was not fair, and granted summary judgment in
favor of the show on the issue.
