Updated May 19, 2016. In Arizona this week, Ann Kirkpatrick, who is expected to be Republican Sen. John McCain’s competition this fall for Arizona’s Senate seat, is using a novel tactic: she posted a 2010 ad by…John McCain.

Earlier this week, Kirkpatrick’s Senate YouTube channel featured this video–an ad that McCain ran in 2010–which shows him expressing support for building a fence between the U.S. and Mexico.

In the video, McCain is seen walking with a a sheriff in the Arizona country side. McCain says, “Drug and human smuggling, home invasions…murder,” in talking about illegal immigrants. Then he says that part of the solution is to “complete the dang fence.”

The same ad was played during an interview that Kirkpatrick did with Al Sharpton on MSNBC on May 8.

However, as of May 18, the video was removed from Kirkpatrick’s YouTube channel. The notice says there had been a “copyright claim by Friends of John McCain.”

Screenshot 2016-05-18 15.50.59

Since then the Kirkpatrick campaign posted a new ad, which also uses footage from the 2010 campaign ad by McCain, this time interspersed with clips of Trump talking about immigration. The new ad repeats the line about the “dang fence” and quotes Trump talking about the wall he wants to build between the U.S. and Mexico.


On May 19, Rafael Bernal reported on the controversy for The Hill:

“The ad in question was not blocked because of its content, according to Lorna Romero, a McCain campaign spokeswoman.

“The Kirkpatrick campaign launched a digital ad which was a clear copyright violation and YouTube agreed,” Romero said.”

[D.B.] Mitchell, [a Kirkpatrick campaign spokesperson], argued that political ads fall under fair use regulations, a notoriously difficult-to-interpret area of copyright law. According to Stanford University, fair use of copyrighted content must either fall under “commentary and criticism” or “parody.”

Meanwhile, the McCain campaign came out with a new ad this week criticizing Kirkpatrick for supporting Obamacare.

To see ads sponsored by Kirkpatrick’s campaign archived on the Political TV Ad Archive, click here.

To see ads sponsored by McCain’s campaign, click here.