Wednesday, June 18, 2008

The Appalling Press wants to charge you $12.50 to quote five words from them.

I was behind the eight ball on this story. I finally caught up on this. First, the AP threatened to sue Drudge Retort blog, then AP does a 180 and does the Rodney King on bloggers (can we get along strategy). AP are acting like idiots. And this kind of tone that they are using on the bloggers will backfire on them.

The Associated Press, having already
announced its intention to harass bloggers who publish snippets as short as 39 words from AP stories, has now published a web form through which intimidated parties can give the AP money in return for “permission” to publish as few as five words.

In this spirit, I will shortly be putting up my own Web form through which people can PayPal me money in exchange for my promise to not blow up the moon.

The New York Times, an AP member organization,
refers to this as an “attempt to define clear standards as to how much of its articles and broadcasts bloggers and Web sites can excerpt.” I suggest it’s better described as yet another attempt by a big media company to replace the established legal and social order with with a system of private law (the very definition of the word “privilege”) in which a few private organizations get to dictate to the rest of society what the rules will be.

See also Virgin Media
claiming the right to dictate to private citizens in Britain how they’re allowed to configure their home routers, or the new copyright bill being introduced in Canada, under which the international entertainment industry, rather than democratically-accountable representatives of the Canadian people, will get to define what does and doesn’t amount to proscribed “circumvention.” Hey, why have laws? Let’s just ask established businesses what kinds of behaviors they find inconvenient, and then send the police around to shut those behaviors down. Imagine the effort we’ll save.

http://nielsenhayden.com/makinglight/archives/010341.html

Patterico had this say:

Now, in a slightly ironic twist, the AP is taking content from a blog site. Namely, mine.

In a news item about the e-mail from Judge Kozinski’s wife that I posted on this site, an AP article lifted numerous passages.

I counted 154 words quoted from my post. That’s almost twice the number of words contained in the most extensive quotation in the Drudge Retort.

As
KOS said earlier they now are backtracking a little bit:

The AP is going to lecture bloggers about what the “spirit of the internet” is all about? Laughable. And the AP certainly doesn’t have free reign to rewrite copyright law on its own. Fair use provisions.

Here is the copyright law:


US COPYRIGHT ACT, Chapter 1, § 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by 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. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include --

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

And I will certainly keep my eye on AP if they decided to quote even one word from Justice League. AP certainly pissed off blogsphere and they will receive much criticism and less reluctance from bloggers to share info and less rights to quote or take reporting stories from bloggers or blogsites.

1 comment:

airJackie said...

Question: Will the AP pay others when they quote them, will they pay for interviews and will they pay for pictures?

Most of the Media people use information from around the world. Now this should be interesting.