KHNL officials acknowledge that the dramatic hurricane footage for its 30-minute special Monday night came from the "NBC News Channel" archives, which was received from KHON, then the network's Honolulu affiliate.

(KHNL in January became the NBC affiliate in Honolulu; KHON is now a Fox affiliate.)

But KHNL also used a report from Kauai by Barbara Wallace that was "never sent" to NBC, KHON news director Jim McCoy said, but was taken "illegally" by a former KHON news staffer.

When the network affiliation change came about, seven KHON reporters went to work for KHNL, among them Wallace.

Doug Armstrong, KHNL's president and general manager, and KHNL news director Paul Brandt said they are certain the Wallace report was obtained from NBC, but are looking into the situation.

McCoy said KHON attorneys believe use of the KHON material "is a clear copyright violation."

"They basically stole the stuff and we are mulling our options legally," he said.

KHON's attorney Jeff Portnoy said the Wallace segment clearly illustrates copyright infringement on KHNL's part.

What action the station will take has not yet been decided but could include litigation for damages for unauthorized use.

Portnoy suggested that KHON will seek at least an acknowledgement by KHNL of use of the film footage in general and that use of the Wallace segment was "wrong."

"Based on (KHNL's) response, an appropriate decision will be made by KHON," Portnoy said.

KHNL's Brandt said he is confused by the fuss over use of the NBC archival footage.

"It's like when a Star-Bulletin story is picked up by The Associated Press then run in the Advertiser. Who's given the credit? The Associated Press. We did the same thing, crediting NBC News Channel."

Armstrong said, "Channel 2 did a wonderful job covering Hurricane Iniki and all of this video exists in the library of the 'NBC News Channel.' It would be a shame to broadcast a hurricane special and not have any of this great video available to the public. We compliment (KHON) on their outstanding job; it is truly a tribute to their station."

Then why, McCoy asked, was KHON not credited at the end of the program?

"The legal rights originated from NBC News Channel and that is who we credited," Armstrong said.

"It may be legal, but it's not right," McCoy said.