Meta-Blog

SEARCH QandO

Email:
Jon Henke
Bruce "McQ" McQuain
Dale Franks
Bryan Pick
Billy Hollis
Lance Paddock
MichaelW

BLOGROLL QandO

 
 
Recent Posts
The Ayers Resurrection Tour
Special Friends Get Special Breaks
One Hour
The Hope and Change Express - stalled in the slow lane
Michael Steele New RNC Chairman
Things that make you go "hmmmm"...
Oh yeah, that "rule of law" thing ...
Putting Dollar Signs in Front Of The AGW Hoax
Moving toward a 60 vote majority?
Do As I Say ....
 
 
QandO Newsroom

Newsroom Home Page

US News

US National News
Politics
Business
Science
Technology
Health
Entertainment
Sports
Opinion/Editorial

International News

Top World New
Iraq News
Mideast Conflict

Blogging

Blogpulse Daily Highlights
Daypop Top 40 Links

Regional

Regional News

Publications

News Publications

 
The AP, "fair use" and bloggers
Posted by: McQ on Monday, June 16, 2008

New media vs. old media. And, frankly, I've wondered when this would happen.

Last week the AP filed a number of "take down" notices against the Drudge Retort, a leftist parody site of the well-known Drudge Report. The reaction of the blogosophere was swift and not to kind.

Some bloggers have simply decided not to use AP stories.

The reaction has AP rethinking its position on the matter and according to the NY Times, attempting to "define clear standards as to how much of its articles and broadcasts bloggers and Web sites can excerpt without infringing on The A.P.’s copyright."

Rogers Cadenhead, the owner of the Drudge Retort says:
“There are millions of people sharing links to news articles on blogs, message boards and sites like Digg. If The A.P. has concerns that go all the way down to one or two sentences of quoting, they need to tell people what they think is legal and where the boundaries are.”
I agree.

So where does AP think those "boundaries" are?
On Friday, The A.P. issued a statement defending its action, saying it was going to challenge blog postings containing excerpts of A.P. articles “when we feel the use is more reproduction than reference, or when others are encouraged to cut and paste.” An A.P. spokesman declined Friday to further explain the association’s position.
I assume "more reproduction than reference" means whole articles are cut and pasted to blogs. I can understand AP's objection to such use. But I'm at a loss to understand what is meant by "when others are encouraged to cut and paste". Makes no sense to me.

I can certainly appreciate AP's desire to protect its content. What I don't appreciate is heavy-handed attempts to do so. AP, after last week's reaction by the blogosphere, seems to understand that as well:
“We don’t want to cast a pall over the blogosphere by being heavy-handed, so we have to figure out a better and more positive way to do this,” Mr. Kennedy said.
However they still haven't withdrawn their demand that the Drudge Retort take down the 7 items they've identified.

So where are we on this?
And he [Jim Kennedy, vice president and strategy director of The A.P] said that he still believes that it is more appropriate for blogs to use short summaries of A.P. articles rather than direct quotations, even short ones.

“Cutting and pasting a lot of content into a blog is not what we want to see,” he said. “It is more consistent with the spirit of the Internet to link to content so people can read the whole thing in context.”
In other words, don't use our words, link to us.

Of course, most bloggers always link to the source. But quotes from people, such as that from Kennedy, should be given in their original form so as to provide context and avoid misquoting. That requires a bit of cut and paste from the original source.

However, given Kennedy's statement, AP wants links and summaries only.

We finally get to the essence of the conflict (and we all knew what it was from the beginning) in the final few paragraphs of the NY Times article:
Even if The A.P. sets standards, bloggers could choose to use more content than its standards permit, and then The A.P. would have to decide whether to take legal action against them. One important legal test of whether an excerpt exceeds fair use is if it causes financial harm to the copyright owner.
Says Kennedy:
“We are not trying to sue bloggers,” Mr. Kennedy said. “That would be the rough equivalent of suing grandma and the kids for stealing music. That is not what we are trying to do.”
Obviously AP would prefer not to sue bloggers as it would make them the heavy in such a case. So it is, instead, using the age old trick of legal intimidation instead.

Of course one of the things the blogosphere can do very quickly is raise the visibility on such incidents and tactics, usually to the detriment of the company doing the suing. That's what is happening now to AP and that is why AP is doing a whole bunch of waffling and dancing at the moment.

OTOH, I think, within the law, the AP has every right to declare its interpretation of "fair use" and if necessary, test it out in court.

However, until they issue such guidelines their interpretation of the fair use law is no more valid than anyone else's.

So, until they do issue their guidelines, I won't be using, quoting or linking to any AP stories. And, depending on what they decide they're willing to live with in terms of "fair use", that self-imposed ban may continue indefinitely.

If I deem their guidelines to be fair (after all they have a right to protect their content), I'll be glad to follow them. If not, we'll find other content providers to quote and to which to link.
 
TrackBacks
Return to Main Blog Page
 
 

Previous Comments to this Post 

Comments
However, until they issue such guidelines their interpretation of the fair use law is no more valid than anyone else’s.
Actually, even if they do, it still isn’t any more valid than anybody else’s. "Fair Use" derives from the First Amendment, because without that provision it is generally agreed that copyright law would conflict with the First Amendment in general. (Recall that copyright has constitutional status, but if it conflicts with the First Amendment, the 1st wins since it is an amendment.)

While a judge might take a declaration by the AP into account if it was near the line, they have no true power to decide what fair use is, and a judge might equally decide to completely ignore a declaration by the AP. ("True power" is a fuzzy term here, please grant me the benefit of the doubt. Obviously the AP has lawyers and such, but I’m referring to a nebulous concept something like "who would properly win in a fair legal fight".) That’s up to Congress and the Judicial branch.
 
Written By: Jeremy Bowers
URL: http://www.jerf.org/iri
So where does this demand for ’summary and link" fit into ’fair use’? I mean, wasn’t this all settled, already?

 
Written By: Bithead
URL: http://bitsblog.florack.us
It is my understanding that copyright law explicitly allows quoting excerpts from copyrighted material. If so, I don’t think AP has a chance in court. Like you said, it’s bluff. Specifically, from the 1976 Copyright law, section 107 (Fair Use);

"...the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright."
http://www.copyright.iupui.edu/highered.htm

It’s not even a good bluff.
 
Written By: timactual
URL: http://
It is my understanding that copyright law explicitly allows quoting excerpts from copyrighted material. If so, I don’t think AP has a chance in court.
Yes, and no.

Yes, you’re correct in your understanding, and yes, if it ever got to court, thing would fall on it’s ass, at least at the moment. Two issues, however, raise their heads:

1: How many bloggers have the financial ability to fight off sucha suit, regardless how defeatable?
2: Such an ability to defeat such a lawsuit assumes that the laws stay the way they are. We now see a democrat congress which is desperate to silence the right, already trying to impose ’fairness’ on the broadcast industry again. The biggest voice the right would have remaining, following such a reimposition, is blogs. Does anyone consider once the lion eats the other guy, he won’t come for us next time he’s hungry?

 
Written By: Bithead
URL: http://bitsblog.florack.us
I like the reference that some had made that bloggers were supposed to summarize the AP report rather than cut-n-paste it. Boy can I see a lot of spin applied to AP stories (as if AP doesn’t spin their own stories enough already) under that regime.
 
Written By: Neo
URL: http://
Many categories are pooled up in single informative homepage at Visitthebest which does justice to this site of complete home package solution.
 
Written By: Best Law and Legal Issues Websites Guide
URL: http://www.visitthebest.com/
rPpijl jnzjaqxxibnl, [url=http://waenfcncthzu.com/]waenfcncthzu[/url], [link=http://kskeokajszxp.com/]kskeokajszxp[/link], http://bwvtdgwoutkv.com/
 
Written By: tphjpl
URL: http://vphclmiwamus.com/
Very interesting site. Hope it will always be alive!, femdom club, =-]], femdom wife stories, 55840, ukrainian angels studio little girls, pkzq, exploited college girls bianca, yqkthl, arab girls gallery, fryn, very very young girls nude, huei, rockabilly girls, esog, nude little girls bent over, %[[, thumbnail gallery young girls, 759, nude girls videos, qlvq, redbone girls, 3059, flash rpg games, dasnnd, dunlop golf clubs, 8-))), video girls topless, 9669, nude girls next door, bayxe, wet black girls, euvmm, lycra girls, 00161, naked girls videos, tru, femdom marriage, =-PP, glass countertops, %OO,
 
Written By: chika latte girls
URL: http://www.google.co.uk/notebook/public/15240716139903593455/BDUThIgoQzLe1hKkj
Wonderful and informative web site. Thx!, review of lottery cheaters guide, 324, army jeep, 45979, job vacancies in kuwait, 431, sports marketing jobs in chicago, lbe, printable job application, 3624, party girls, eju, winchester va jobs, ybpbc, girls mpegs, zfg, free clips of blow job video, :-(, real data entry jobs, sfzoy, handjob movies free, %(((, runescape quest guide, 8P, how to give a great blow job, zhgfdc, power director download, qzten, cardiac ultrasound jobs, 2118, orlando premium outlets jobs, ruczu, jeep c7 spare parts, >:OOO, jeep parts and accessories, 844, delaware aerospace engineering job boards, 276901, bsa motorcycle price guide, %(, nhs job search, >:-PPP,
 
Written By: i have a dream job website
URL: http://www.google.co.uk/notebook/public/06144385783605664537/BDQkmSwoQ0ejNjKkj
This site is very good! Thank you for your work!, fiberglass jeep bodies, %-((, jewelry designer, kbhcac, download corel draw, 124, free clips of blow job video, 42321, fine fashion jewelry, 9275, landscape plant guide, 74932, jobs ri, dnbmy, lottery cheaters guide, 3902, medical assistant job listings, 413, mika big girls, :[[, jamaican exotic girls, 902740, midtown madness download, ipmwn, ff9 walkthrough guide, 368575, malaga spain girls escorts chicas, upg, public hand job, =-], pmc jewelry, 7532, mta job oportunities, etokny, jeep cj forum, 8-PPP, nonude girls, 8-D, slow handjob, 6836, watch repair jobs, %-[[[, reality porn guide, =-[[,
 
Written By: cheap handbags wholesale
URL: http://www.google.co.uk/notebook/public/01962240926206167121/BDQkmSwoQ38rHjKkj
Thanks for the great site i really enjoyed it!, pharmacy tech jobs ca, kuc, international jobs commission mailing, 414, bermuda jobs, adw, massage therapist jobs in ohio, 07881, kern county jobs, 34718, jobs for teen, 8(((, jobs in wilmington nc, ionr, non profit jobs louisville ky, >:-), best jobs pay well, %]], saskatoon jobs, >:-D, warehouse jobs in west midlands, cjoct, jobs massage therapy, 946316, zanesville ohio jobs, >:-[, bbc jobs, 8-))), vancouver jobs, rkkif, atlanta editing jobs, 49212, fed ex jobs, =O, la times jobs, 8-OOO, gum jobs, 09345, no load term life insurance uk, 403857, jobs search uk, 8[,
 
Written By: horticulture jobs
URL: http://groups.google.fr/group/r1hWp4/web/horticulture-jobs
Excellent site. It was pleasant to me., uniquely middle execunet job employers resume, 056, nursing continuing education, :PP, transcription jobs in salem, 8]]], healthcare job hunt llc naveen reddy, >:PP, perfect blow job, 865, online distance education for physical education, igqf, overseas jobs, dckzhh, search engine marketing political website design, hjrq, patent application, 238627, navy job requirements, 941769, search engine marketing, 6385, job bankl, %DDD, e on jobs in louisville, >:OO, uniquely tale execunet job employers resume, mtkbbl, job vacancies in nairobi kenya, mbw, mtflight blow job, fcnj, bound foot job, zfj, tits job, lmrr, kaiser permanente job opportunities, 2074, art career education, 63917, job training, :-DDD, online marketing ireland, ypdyk, job opportunity with georgia power company, 308577, city of san diego job list, 5317,
 
Written By: health care jobs in the uk
URL: http://groups.google.fr/group/K2d5Bbp/web/health-care-jobs-in-the-uk
Nice Guestbook ;-) Thanks!, medical jobs, 60300, helicopter jobs, uhr, part time jobs london, %-[[[, school psychologist jobs, 8-((, jobs in norfolk, 43824, higher education loan germany, >:OOO, ppc search engine marketing, hifpcb, archaeology job info, =D, onondaga county jobs, uuy, hr jobs, sqw, top jobs, 333, temporary doctor jobs, tbsmet, jobs go public, 8PP, music industry jobs, 909852, grocer jobs, =-D, definition for marketing, 8168, nebraska job link, 8-PPP, transcription jobs in poughkeepsie ny, =((, broadcasting jobs, sytb, rental service corporation, 233708, forex trading education, 43214, job vacancies at heathrow airport, 7344,
 
Written By: eu job portal
URL: http://groups.google.fr/group/lCgBGcA/web/eu-job-portal
Hello, very nice site! Please also visit my homepages:, counter strike cheats download, 539791, microsoft photoimpression download, =-DDD, healthy remedies detox patches, ewbln, download daemon tools pro, %-)), football manager download, gper, safari download, 895476, download free ipod linux, :-))), norton utilities free download, 6910, download powerpoint free, dkhtd, download software philips free, 78168, download movies, >:-(, top songs to download, 7395, lojze slak v dolini download, aby, kode gta san andreas download, =]], free halo download, uqb, download abhijeet albem tere ben, >:D, computer download game yugioh, hfstmm, malayalam movies download, %P, free download flash game, eyvbj, free download song, 835991,
 
Written By: free hentai download
URL: http://www.google.co.uk/notebook/public/55330504355418333/BDR24IgoQ_PrDn6oj
Great. Now i can say thank you!, vicodin high, :(((, verizon cell, >:-OO, honolulu weather forecast, :PP, free project voyeur, uphmfo, watch verizon commercials online, mbswi, little virgin bbs, cgupci, verizon telephone book, >:(, puretop teenztop top virgins, =-DD, emma watson pics, nfqsut, tunisia weather, 751, volkswagen gti r32, hcjpu, age of emma watson, =DDD, half life vicodin, 188788, vicodin 1000mg, 8], voyeur france, cxcsz, withdrawal from vicodin, :(, virgins on video, vxr, menorca weather forecast, >:-D, uk weather, :[[, aerial view of gulf of mexico weather, voc, volkswagen vr6 jetta, >:-PP,
 
Written By: weather kuwait city
URL: http://www.geocities.com/ahyagoutyb/weather-kuwait-city.html
Your site is very interesting and usefuls., free mobile videos, 8-(((, jperg converter to mobile themes, :-PPP, mobile wedding dj kent, pjhg, tomtom mobile, 624, mobile caffe ozadja, 39862, java pocket pc windows mobile, vnwebq, mobile phones logos, 4716, nationwide mobile homes, =-OO, live phone answering service, tze, mtv mobile, =-PPP, buy verizon online, 320041, american mobile home finance, 222830, triple wide mobile homes, brv, prepaid recharge coupons reliance mobile, euvdyh, click mobile, =-DDD, motorola cp200, 441736, reliance mobile rim, 53101, bible esv windows mobile, %DD, counter strike in the mobile, ckfike, 60i motorola, tziafn, motorola v3 slovenski meni download, dpex, free mobile if tats ok mp3, 0670,
 
Written By: ristorazione mobile
URL: http://groups.google.fr/group/QWQmZ3/web/ristorazione-mobile
Nice webpage, lovely, cool design., free milf pics, 008, models prefer, 411, free picture galleries pantyhose models, 127045, milf action, 415213, milf tube, :P, mobile phone, 8PPP, video models, %-DDD, sharks lagoon 3d models, 636, size zero models, 699209, international models philippines, 8]], nakedpreteen models, 637, hp monitor dual inputs info, =-P, sprint mobile phones ringtones, pvfgwb, counter strike in the mobile, 858, pin up models, vjxnz, free kids nude models, hriwy, cute european teen boy models, 39817, top lolita models, 382058, nn girl models, 790529, exotic models, fohjps, sexy naked models, 35136, naked men models, 8]]], hp w1907v widescreen tft monitor, =-PPP, free tiny models, 8-(,
 
Written By: very young sexy models
URL: http://www.google.co.uk/notebook/public/91063054502035349/BDRSWSgoQ0o7k6Koj

 
Add Your Comment
  NOTICE: While we don't wish to censor your thoughts, we do blacklist certain terms of profanity or obscenity. This is not to muzzle you, but to ensure that the blog remains work-safe for our readers. If you wish to use profanity, simply insert asterisks (*) where the vowels usually go. Your meaning will still be clear, but our readers will be able to view the blog without worrying that content monitoring will get them in trouble when reading it.
Comments for this entry are closed.
Name:
Email:
URL:
HTML Tools:
Bold Italic Blockquote Hyperlink
Comment:
   
 
Vicious Capitalism

Divider

Buy Dale's Book!
Slackernomics by Dale Franks

Divider

Divider