Kenneth Chang on Twitter: "I'm not sure of the precise legal recourse that NASA would have, but basically you're saying it doesn't matter what NASA says its policies are, because fair use.… https://t.co/EYpIHdoVhM"

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Kenneth Chang Retweeted Gary Branigan

Point to any other campaign ad from any politician from any party that similarly violated NASA ad regulations. I cannot recall any. NASA has generally been a non-partisan issue (with the exception of earth science).https://twitter.com/OkieBranigan/status/1268919592799404032 …

Kenneth Chang added,

Gary Branigan @OkieBranigan

Replying to @kchangnyt @NYTScience

No different than every other politician did or does. Not at all. They all claim they are responsible for anything the people see as praiseworthy when it is usually “in spite of “ their actions. Your party is as guilty as the other party.

2 replies 0 retweets 10 likes

yg1968‏ @yag1968 Jun 5

Replying to @kchangnyt

Are you sure that it breaks the regulations? The regulations apply to commercial activities. Are political activities, commercial activities? It's possible that the regulations apply to all forms of ads but it's not clear to me. Did you ever receive a response from NASA on this?

1 reply 0 retweets 0 likes

Kenneth Chang‏ @kchangnyt Jun 5

Replying to @yag1968

As I say in the article, I did not receive a response from NASA. Still haven't. Hard to believe that they would have a carve-out for political ads. The policy specifies what is acceptable usage and political ads is not on that list.

1 reply 0 retweets 1 like

yg1968‏ @yag1968 Jun 5

Replying to @kchangnyt

NASA has rules for non-commercial uses (I am not saying that it is those rules that necessarily apply; I am honestly not sure which rules apply, I find the guidelines unclear):https://www.nasa.gov/multimedia/guidelines/index.html …

1 reply 0 retweets 0 likes

Kenneth Chang‏ @kchangnyt Jun 5

Replying to @yag1968

Under the section for non-commercial use, this sentence is key: "NASA content used in a factual manner that does not imply endorsement may be used without needing explicit permission." I don't how one could contort that a political ad does not imply endorsement.

1 reply 0 retweets 0 likes

yg1968‏ @yag1968 Jun 5

Replying to @kchangnyt

It is used in a factual manner, it's videos of the launch. If the astronauts were wearing MAGA hats or a Trump 2020 sign, it would obviously be an endorsement. I am not as certain as you are that showing videos of the launch is an endorsement. Although when in doubt, ask NASA.

1 reply 0 retweets 0 likes

Kenneth Chang‏ @kchangnyt Jun 5

Replying to @yag1968

If this doesn't imply endorsement, then really nothing does. NASA doesn't endorse. It doesn't want the agency to be used in endorsements. Smart policy. This is not a newspaper article or textbook or school project — examples of non-commercial non-endorsement uses cited.

1 reply 0 retweets 0 likes

yg1968‏ @yag1968 Jun 5

Replying to @kchangnyt

I gave you examples of obvious endorsements. Political ads have used video news footage from news networks before. You are allowed to show real events in an ad. It's a complicated legal issue which involves fair use among other things:https://www.rtdna.org/article/can_they_do_that_when_political_campaigns_use_news_footage …

1 reply 0 retweets 0 likes

Kenneth Chang‏ @kchangnyt Jun 5

Replying to @yag1968

news footage != NASA footage. I think most people don't want parts of the federal government — the military, the FBI, the EPA, the NIH, NASA — endorsing candidates or parties. NASA's policy clearly wants to stay clear of taking sides or being seen in that manner.

1 reply 0 retweets 0 likes

yg1968‏ @yag1968 Jun 5

Replying to @kchangnyt

Fair use applies to everyone including NASA TV. NASA isn't taking sides, their footage is being used in an add by someone else. If the add was posted on NASA's youtube channel, that would be an issue because of the Hatch Act. But that's a different issue.

1 reply 0 retweets 0 likes

Kenneth Chang‏ @kchangnyt Jun 5

Replying to @yag1968

I'm not sure of the precise legal recourse that NASA would have, but basically you're saying it doesn't matter what NASA says its policies are, because fair use.

10:59 AM - 5 Jun 2020

1 reply 0 retweets 0 likes

1. yg1968‏ @yag1968 Jun 5
  Replying to @kchangnyt
  
  No, it seems that their regulations are based on certain laws. Many of these laws are explained here: https://www.vondranlegal.com/how-to-legally-use-nasa-images-in-your-youtube-blogs-and-social-media … These guidelines are unclear. So I would have to look into the laws on which they are based, which I haven't done.
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