Yesterday both Ben Smith and Marc Ambinder linked to a new Sen. McCain campaign video following up on the Obama-as-celebrity meme. There’s an ongoing debate on whether or not these ads have a subtle racist appeal, but something else caught my eye in the video: the appearance of my heroes Wayne and Garth of Wayne’s World at the end, genuflecting in a “we’re not worthy” moment. Did Sen. McCain get permission for this little clip of Americana?
So I fired off an email to some of my IP colleagues, one of whom noticed that the video has now been removed from YouTube, perhaps out of protest by the copyright holder.
So I went to the John McCain website. You can now access the video sans Wayne and Garth at the end. Instead it ends abruptly with the words on the screen: “We’re not worthy.” I’m no IP guy, but I’m guessing that using just those words without audio—though they are most associated with Wayne and Garth–constitutes a fair use and not a copyright violation.
UPDATE: The McCain campaign reports that Myers objected.