Very interesting video. Free speech is never mentioned, fair use is never mentioned. IP generally is mentioned, copyright is mentioned.

The key right is a right of publicity or a commercial endorsement right along the lines of misappropriation.

It troubles me how we are seeing more copyright claims regarding political speech with few free speech counter arguments. If the song were used in a car commercial that is clearly an issue, but political speech should have a stronger free speech argument.

We are creating a dangerous social norm here that limits political speech which is at the core of free speech.

Thanks Denise Crouch for point this out at www.patentlyo.com/patent/2011/04/copyright-versus-free-speech.html