When does the movie industry decline to assert its copyright, instead stating that the copying is fair use? When the copying is done by the Bush campaign, of course. From Roger Ebert's column:

Bruce Davis, executive director of the Oscars, replies: "... We are not enthusiastic about clips from our broadcast being used in political ads ... but we've been advised by our attorneys that the clip in the Bush ad is short enough, and oddly enough political enough, to be protected under the fair use doctrine.

"Fair use trumps copyright infringement. So while we're not happy about what we regard as a misappropriation of our material, there doesn't seem to be much that we can do about it beyond grousing in the columns of movie critics, when we get the chance."

So presumably publishing that Oscars clip of Napster creator Shawn Fanning is allowed too...