10-01-2013, 07:34 AM
Not a lawyer, but fair use wouldn't seem to apply -- has to be a snippet, used for a transformative purpose, IIRC. This isn't transformative and it sure as heck isn't a snippet.
The difference between this and music on YouTube is vast from a copyright holder's perspective, though. Playing music on YouTube is a substitute for playing music anywhere else. On the other hand, sports is meant to be watched live -- therefore, old games don't substitute for new ones. If anything, it makes you more likely to consume live sports. So I would guess the copyright holders are exercising some salutary neglect here.
(The tip-off, by the way, is that CBS games are quite easy to find. They've been quite aggressive about chasing down copyright.)
The difference between this and music on YouTube is vast from a copyright holder's perspective, though. Playing music on YouTube is a substitute for playing music anywhere else. On the other hand, sports is meant to be watched live -- therefore, old games don't substitute for new ones. If anything, it makes you more likely to consume live sports. So I would guess the copyright holders are exercising some salutary neglect here.
(The tip-off, by the way, is that CBS games are quite easy to find. They've been quite aggressive about chasing down copyright.)