Did Fox Steal CNN Coverage?

AP ^ | 2/17/2003 | DAVID BAUDER

[meia]

Columbia Tape Shows Network Competition

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Feb 17, 2:43 PM (ET)

By DAVID BAUDER

NEW YORK (AP) - During coverage of the space shuttle Columbia's disintegration, the folks in CNN's control room thought the picture they saw on rival Fox News Channel looked familiar.

So they tried a little experiment.

The producers superimposed a tiny "CNN" logo on the upper left corner of the network's screen as it showed the shuttle breaking into pieces. Blip! The same logo appeared on Fox News Channel.

Then they decided to abruptly switch cameras so a picture of correspondent Miles O'Brien appeared. For two seconds - until it was hurriedly replaced with a view of NASA's mission control - it looked like O'Brien was working for Fox, too.

The shuttle disaster provided a vivid example of the lengths to which television networks sometimes go to get the most compelling pictures for a big story - and an even more vivid example of the consequences if they don't.

A Fox News Channel spokesman did not return a telephone call seeking comment. Earlier, a station representative told Broadcasting & Cable magazine that its request to explain the apparent piracy was "a waste of time."

As the Columbia flew over Texas on the morning of Feb. 1, Dallas station WFAA-TV followed its normal routine for fly-bys: a cameraman was assigned to capture the streak across the sky.

The picture appeared live on the air. But it wasn't for several minutes, until the National Aeronautics and Space Administration said it had lost contact with the shuttle's crew, that it became clear what WFAA's pictures revealed.

Several videos of the shuttle falling apart, both amateur and professional, eventually surfaced that day. But for a certain period as the nation awoke to the unfolding tragedy - perhaps as much as an hour - WFAA's pictures were the only ones available.

WFAA has affiliation agreements with both ABC and CNN. Television is a complex web of affiliations and exclusivity arrangments. Usually, they're respected. But with satellite dishes, networks can pluck virtually any pictures out of the sky and, on a big story, it's often anything goes.

CBS used WFAA's video in its special report. The network politely asked for permission - after the pictures had already appeared.

CBS News President Andrew Heyward argued that the concept of fair use - essentially the legal term for anything goes - applies in cases of national emergencies.

"Every once in a while you have a piece of video that is so newsworthy you really can't keep it off the air," Heyward said. After the Sept. 11 terrorist attacks, network news division heads agreed that they all could use each other's video.

CNN believes fair use applied for the shuttle story. But its executives are still annoyed at Fox.

"It's a perfectly acceptable position for networks to take video from each other in times of national emergencies," CNN spokeswoman Christa Robinson said, "but it's rare that networks would go to such extremes to cover it up rather than give proper credit."

The fair use doctrine gets murkier for stories that aren't so big, as CBS learned this month when "60 Minutes II" obtained an interview with Saddam Hussein.

"Once it was used on Arab TV and on Channel 4 in England, you knew our competitors were going to stretch the concept of fair use very thin," Heyward said. He sent a letter to rivals reminding them of CBS' exclusive.

During shuttle coverage, NBC's Fort Worth affiliate, KXAS-TV, provided pictures to the network that, through an existing arrangement, were then distributed by the Reuters news service for international use only.

Reuters at first neglected to include an explanation that the pictures were not for domestic use but, according to both NBC and Reuters, this was quickly corrected. Nevertheless, NBC said Fox News Channel repeatedly used the pictures without permission.

"If they hadn't used our video and CNN's, they would have had nothing," said NBC spokeswoman Allison Gollust.

As part of its agreement with WFAA, CNN took the expensive step of installing a special fiber optic line that enabled it to pick up the station's signal with the flip of a switch, said David Duitch, WFAA's vice president of news.

ABC didn't make the same investment, and instead made arrangements to get a special satellite transmission from WFAA that morning. But for 45 agonizing minutes, the satellite wasn't working, ABC News spokesman Jeffrey Schneider said.

In ABC's control room, there was undoubtedly temptation to simply take CNN's pictures. But the network believed its own satellite problems would quickly be fixed, he said.

The consequences were profound. ABC is normally a close second to NBC in broadcast news rankings, but it was a startlingly distant third that morning; NBC had 8.7 million viewers between 9:30 a.m. and noon, CBS had 5.2 million and ABC had 3.5 million. More people saw CNN's and Fox News Channel's coverage than ABC's, according to Nielsen Media Research.

There were other mitigating factors; ABC doesn't normally broadcast news on Saturday mornings and its rivals do, and Peter Jennings didn't arrive at work until after noon.

But the lack of compelling video at a time others were showing it repeatedly is seen as a big reason why the ratings performance was so disastrous that ABC News President David Westin had to call a special meeting with affiliates to explain what went wrong.

Small wonder, then, why many networks believe that in such situations, it's best to get the pictures first - any way they can - and deal with the consequences later.

For WFAA, its big moment is likely to live on. Duitch suspects he'll see his station's video in future documentaries about the space program, or perhaps a still picture in textbooks.

"I certainly hope they would credit WFAA," he said. "But do I think that's going to happen? Well, I'm not so certain."

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EDITOR'S NOTE - David Bauder can be reached at dbauder"at"ap.org

[meia]

Fox needs to invest in some cameramen and reporters. What would be the reaction if CNN pirated Fox coverage of news stories?

[martin_fierro]

I have just two words for CNN's high-handedness:

PEETAH AHNETT

[Republic of Texas]

CNN can try all they want, but they lost me as a viewer, forever, long ago.

[Huck]

I think the weaknesses of FNC are well known. Their breaking news coverage is pitiful. Their daytime programming is bad. They happen to OWN prime time cable news and Brit Hume's show is great. But when there is a breaking story, I turn to some other channel--any other channel. For big speeches, I'll turn to C-SPAN, so half the screen isn't cluttered up with video game style graphics.

[JennysCool]

Having been in television, here's the dope: EVERYBODY does this sort of thing at one time or another, with a tacit understanding that there will be some settling up later. This is nothing more than a hit piece on Fox. You can bet if Fox was the supposedly aggrieved party here, you wouldn't hear a word.

[Cicero]

Cry me a river.

[NormsRevenge]

When Conservatives Go Wild ... 8-o

[The Magical Mischief Tour]

So...

Does this mean that CNN watches FOX?

[meia]

Having been in television, here's the dope: EVERYBODY does this sort of thing at one time or another, with a tacit understanding that there will be some settling up later. This is nothing more than a hit piece on Fox. You can bet if Fox was the supposedly aggrieved party here, you wouldn't hear a word.

I've been in broadcasting for over 25 years and no, Everyone does not do this sort of thing. Yes it happens, and when it does, the pirates are rightly ridiculed and slammed. There is no difference in this and a reporter or columnist using someone else's research or writings as their own. It is plagiarism pure and simple. If conservatives are going to condemn plagiarism when it is done by the liberal media, then they also need to condemn it when it is done by the conservative media. If they had just acknowledged it when it happened instead of trying to cover it up, it wouldn't be a big deal. The coverup is always worse than the actual deed.

[FreeLibertarian]

Fox News Channel is a joke. I quit watching them several months ago.

[LanaTurnerOverdrive]

You mean the same quality network that brought us "When Animals Attack" stooped to these levels?

I can't believe it.

[txradioguy]

I can vouch for that. I've done television in the Army since 1992. We are constantly loaning the network guys video that we shoot. The only reason that CBS had video from Somalia of the attacks on the Paki soldiers in 1993 was because I gave them mine to copy. LOL!

[TheCPA]

I served as an expert in a case involving plagiarism. You are right it is plagiarism. It might be fair use under the copyright law, but plagiarism and copyright infringement are not the same thing. One can even plagiarize a work that is in the public domain if he palms off the work as his own.

[billorites]

If it wasn't for Daryn Kagan, I'd never watch CNN.

[xm177e2]

What would be the reaction if CNN pirated Fox coverage of news stories?

Hysterical, of course. That's how Fox is.

[YaYa123]

CNN is almost irrelevant. Judy Woodruff, I swear is shriveling up to pruneness. It's ABC that's ticking me off these days. I can't think of their State Dept reporter's name right now, but she is totally negative about President Bush, the War with Iraq, and her predictions about our disasterous foreign relations at the UN and NATO are more than pessimistic, they're dismal! Worse yet, she almost smiles when she gives out her gloom and doom reports, which she always prefaces with "my sources tell me". Wish I could think of her name.

[OldFriend]

We are talking national emergency here.....not everyday run of the mill programming.

[txradioguy]

But if WFAA had the only video at that point, wouldn't be up to them to decide who gets it. So ultimately it would be WFAA's fault that two different networks were using their video?

[meia]

But the difference is that you GAVE them the video to use. It was used with the permission of the person who was responsible for it. Fox took the work of others and passed it off as their own. They are still refusing to acknowledge that they plagiarized someone elses work.

[txradioguy]

And also, it should be CBS who has a gripe because WFAA is a CBS affiliate. But instead it's CNN pissing and moaning. Sounds like just another round fired in the little turf war that is ongoing between CNN and FNC.

[meia]

But if WFAA had the only video at that point, wouldn't be up to them to decide who gets it. So ultimately it would be WFAA's fault that two different networks were using their video?

If you read the story, it tells you that WFAA had given prior approval for CNN to use their video. They had not given that approval to Fox.

[SamAdams76]

This isn't going to make me go back to CNN but FoxNews needs to invest some of their money into better resources for covering breaking news. And as good as the O'Reilly is, they need to stop re-broadcasting it at midnight. Get some original programming in that slot as well. FoxNews is the top dog in the TV News world, time to start acting like it.

[txradioguy]

I still think there may be more to it. Like I said if WFAA had the only video it's up to them to decide who gets the feed. So it's WFAA's fault that two other major networks were using the same feed.....not FNC pirating CNN. IMHO.

[Paul_B]

I believe in a national emergency one network should be able to run another's video, but they should give credit.

Bottom line is Murdock needs to free up the purse strings for better live coverage on air and a better web site online.

[hole_n_one]

See reply #15

[txradioguy]

"CNN believes fair use applied for the shuttle story. But its executives are still annoyed at Fox."


This is just a hit piece on FNC. Even the suits at CNN agree it was fair use. This is just sour grapes on their part.

[McGavin999]

So what makes CNN think they own exclusive rights to pictures of a disaster that involves the deaths of US citizens and the destruction of a shuttle that was paid for by us? I didn't say they could take those pictures.

[Samwise]

On the other hand, CNN has found out how to get me to watch their coverage--just air it on FOX.

[txradioguy]

If anyone is at fault here....it's CNN for pulling a highschool prank in the middle of a national tragedy like what happened to the Columbia. No wonder their ratings stink.

[hunter112]

Fox News Channel is a joke. I quit watching them several months ago.

I hear you there! Pretending that what happens to "Joe Millionaire" is news is too much! But I still watch them, can't live off just CNN and MSNBC.

[DoughtyOne]

Note that the article states it's common and accepted to parate each other's signal in national emergency situations. That's what Fox did. End of story.

[Hoverbug]

What would be the reaction if CNN pirated Fox coverage of news stories?

CNN's ratings would go up?

[meia]

I still think there may be more to it. Like I said if WFAA had the only video it's up to them to decide who gets the feed. So it's WFAA's fault that two other major networks were using the same feed.....not FNC pirating CNN. IMHO

Did you not read the article? Fox was picking up the CNN feed, not the WFAA Feed. WFAA had given prior approval for CNN to pick up their feed. CNN had made a tape of the shuttle video and was using it during their coverage with their voice-overs and their anchors. Fox was actually picking up a live feed of the video from CNN, not from WFAA.

[DoughtyOne]

Exactly!

[txradioguy]

They usually put the promo fluff stuff at the end of the hour...I just mute it at that point. No different than Headline News running their Style segment or some other fluff piece after the :55 break.

[txradioguy]

Yes I read the article, I mis read that part and had re-stated my view before I had a chance to re read the part that you pointed out.

[meia]

So what makes CNN think they own exclusive rights to pictures of a disaster that involves the deaths of US citizens and the destruction of a shuttle that was paid for by us? I didn't say they could take those pictures.

So if you take your camera outside and take pictures of the shuttle blowing up, you no longer own those pictures? Sounds like communisim to me.

[Hillarys Gate Cult]

Our local FOX broadcast station gets many of it's reports from the local CBS affiliate. Did they ever think that a local Fox station could have accidentaly been sending it as their own?

[txradioguy]

No...Joe Civilian get paid a hefty amount of $$$$ for their home video of stuff....if it's done between major broadcast networks....it's usually known as "professional courtesy".

[tubebender]

Cry me a river.

Other wise known as T/S...

[txradioguy]

When I was stationed in Georgia, the local Fox station was owned by the same people who owned the local ABC station. More than once I saw stories and reporters shared between the newscasts on both stations.

[Diverdogz]

Are you out of your mind? If CNN had done this to FOX, Bill O'Reilly would be ranting about it non-stop. FOX doesn't have coverage depth of CNN yet- give them time and they'll have it, but in the meantime, they should ask permission and not steal the work of others.

[meia]

No...Joe Civilian get paid a hefty amount of $$$$ for their home video of stuff....if it's done between major broadcast networks....it's usually known as "professional courtesy".

If major networks want to share their video, then they can. But it is done by asking permission first. I have personally been involved in situations where breaking news was happening very quickly and we have used information or feed from sources other than our own. But we always acknowledged immediately where we got that info and at the same time worked diligently to seek permission from the sources to continue to use the material.

In this case, no permission was sought, no acknowledgement was given and in fact, Fox is acting like a child who broke a window and is trying to pretend they know nothing about it. That is plagiarism.

[txradioguy]

How can it be stealing if even the suits at Turner Tower say that in this situation the video came under the fair use rule?

[txradioguy]

Even the suits at CNN are saying this video in this situation was deemed in the fair use category. No playjorism, no pirating, nothing wrong was done except by CNN who pulled a sophmorish prank during a national tragedy.

[DouglasKC]

Fox needs to invest in some cameramen and reporters. What would be the reaction if CNN pirated Fox coverage of news stories?

Yeah, this is the biggest gripe about Fox. Good shows, good commentary, but lousy reporting on breaking news. They just don't have the people out there like CNN does. They need to have a person in every state and most large cities around the world on standby just in case. Make them do something else if nothing is happening.

[CarolAnn]

"Their (FNC) breaking news coverage is pitiful."

I was watching FoxNews live on 9/11 when the plane hit the second tower. They were on their toes, I gotta tell ya. I think CNN was at commercial when that happened. I did get a chance to watch CNN's coverage later on the web, and they acted like they didn't know what to do in the minutes and hours after the attacks.

FNC was awesome that day.

[JennysCool]

I agree with you, Diver, that it would be a better world if nobody kiped anything from anybody and everybody was honest; that said, no way would O'Reilly be griping about this -- well, maybe he would after today! -- because this sort of stuff is just business as usual, not just on the networks, but on local TV (a LOT) as well. Stations are always cadging footage -- raw feeds off the satellites, especially. Like I say, usually they make up for it later. That CNN is bawling about this practice -- which I have no doubt they've indulged in a time or two or a hundred themselves -- is just part and parcel of their freefall.

[RonF]

I can vouch for that. I've done television in the Army since 1992. We are constantly loaning the network guys video that we shoot. The only reason that CBS had video from Somalia of the attacks on the Paki soldiers in 1993 was because I gave them mine to copy. LOL!

Ah, that's a little different, isn't it? I thought that video, images, etc. produced by the goverment were public property and anyone could use them (absent national security concerns, etc.).