Associated Press and the ‘fair use’ of news content

by Scott Bicheno on 9 April 2009, 15:38

Tags: Associated Press

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Unresolved issues

The broader context of this action is the continuing decline in circulation and thus revenues of printed media. AP is owned by the 1,500 US daily newspapers that comprise its membership and they're all feeling the pinch.

Earlier this month media mogul Rupert Murdoch, who owns the Wall Street Journal among other titles, was quoted on Forbes.com as saying "Should we be allowing Google to steal all our copyrights?" The newspaper business seems to be adopting the same kind of hostile stance towards the Internet as the music industry.

Just as the music industry has found it almost impossible to police the Internet and prevent the illegal distribution of its material, AP may have bitten off more than it can chew with this initiative.

Several websites reported yesterday on the story of Frank Strovel III, who is operations manager for Tennessee country and western radio station WTNQ-FM. He has a blog called Left of the dial and on it he posted an account of AP contacting him to take down some AP video that he had taken from AP's YouTube channel.

The two main issues Strovel has with this request are 1) WTNQ is an AP affiliate and 2) why is AP posting this content on YouTube, with the HTML code to allow third parties to embed it on their site, if it doesn't want that to happen?

There are all kinds of legal issues that need to be resolved here, such as what constitutes ‘fair use' of content and what rights the owner of a piece of content has over the distribution of it - attributed or otherwise - if they put it in the public domain via a website like YouTube. What seems very likely is that the WTNQ incident is going to be the first of many for AP.

What are your views on the distribution of news content online? Do you think AP's actions are correct or should it be looking for other ways to gain revenue from the unlicensed use of its content? Let us know in the HEXUS.community discussion forums.

 



HEXUS Forums :: 5 Comments

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I think the AP and Murdoch are behaving like a bunch of clueless ******s.

Still, only me and everyone else thinks that, so they're unlikely to listen.
HEXUS isn't keen on having its copy ripped off lock-stock-and-barrel and nor, really, is any news organisation.

AP, though, appears to be trying to stop this happening to its copy - and, I guess, its starting point is the extreme position it has currently taken.

Fact is, too many sites do rip off AP wholesale, giving little or no recognition of the source, so I think that - for all our sakes - AP is right to act.

My expectation (okay, my hope) is that, in the longer term, less stuff gets ripped off and far better (and more prominent) credits are given generally - to AP and all the other organisations that do generate original news, rather than sites just piggy backing on the generators.

Bob C
Locking down your content on the internet and going after anyone who uses it is not the best path to take (see the music industry). AP and everyone else needs to understand that the way people access information has changed, so the means of providing it need to change as well.

The Guardian seems to be accepting this approach with their Open Platform, which allows their partners to access Guardian's data and articles and use it in various internet applications. Everyone seems to be a winner: G receives credit and is linked back, people get the information they want.
Don't disagree but do believe that some steps need to be taken - it's maybe just that AP is starting off with some more traditional steps, rather than some that are more appropriate.

Bob

Crevan
Locking down your content on the internet and going after anyone who uses it is not the best path to take (see the music industry). AP and everyone else needs to understand that the way people access information has changed, so the means of providing it need to change as well.

The Guardian seems to be accepting this approach with their Open Platform, which allows their partners to access Guardian's data and articles and use it in various internet applications. Everyone seems to be a winner: G receives credit and is linked back, people get the information they want.
some steps need to be taken - it's maybe just that AP is starting off with some more traditional steps, rather than some that are more appropriate
My point exactly. But my feeling is that those traditional steps won't do AP any good.