Posting of Anti-Muslim Audio Clip Protected By Fair Use Doctrine

In Savage v. Council on American-Islamic Relations, (ND CA, July 25, 2008), a California federal district court rejected copyright infringement claims brought by radio talk-show host Michael Savage against CAIR. After Savage engaged in a four-minute anti-Muslim, anti-CAIR tirade on air, CAIR posted on its website an audio file of the relevant portion of the broadcast as well as a critique of the remarks. Savage sued, claiming that CAIR "in posting the audio clip on their website, engaged in copyright infringement in an effort to raise money for terrorism and further a terrorist conspiracy." The court held that CAIR's use of the audio clip is protected by the fair use doctrine. Savage also alleged a civil RICO claim against CAIR which the court dismissed on standing, proximate cause and pleading grounds, indicating that CAIR had substantial First Amendment defenses to the claim. However plaintiff was given leave to amend the RICO portion of his complaint. Friday's San Jose (CA) Mercury News reported on the decision.