What's Fair Use of News Interviews?

In Fair use? Probably not..., Peter Hsu of Copyfutures, believes that Wonkette posting the entire transcript (w/o a link to the source) from the Bill O'Reilly interview of Jon Stewart on the O'Reilly Factor onto her for-profit site has "difficulty finding any way this might fall under fair use."

Previously in Steal this Footage, I discussed a similar situation where the documentary filmmaker behind Outfoxed "features interviews with former Fox employees, leaked policy memos written by Fox executives and extensive footage from Fox News, which Greenwald is using without the network's permission." In that situation, I believe that since the filmmaker was commenting upon the clips fair use would apply. However, here, Ms. Cox doesn't so much provide critical commentary as posts them. But, she should be ok because Fox generally looks the other way when people steal their footage or makes fair use of it; whatever you want to call it I guess.

update: just came across Tony's post while going through bloglines ... and I think that the fact that he tabulates a running score between the two is sufficient commentary ... plus all the interspersed Paris Hilton photos increases your reading pleasure.