Bloggers occasionally find themselves in hot water for stealing other people’s content. The hot topic at the moment with regards to blogs is the way the Associated Press has been dealing with people using its content. What exactly is “fair use�
For anyone who doesn’t know, the Associated Press (AP) is a major news organization owned by 1,500 daily newspapers. AP went after the Drudge Retort, a social news website similar to Digg. The reason? Linking to AP content with short quotations between 39 and 79 words long. We’re not talking whole stories, but excerpts — with links to the original AP articles.
In an unusual move, AP sent a letter to the Drudge Retort asking it to remove seven offending items. The fallout was major news, with Tech Crunch, a blog with 791,000 daily RSS subscribers and countless more readers, denouncing AP’s actions and “banning†all AP material from the Tech Crunch blog. The pressure from major blogs led to AP backing down, calling its approach a little “heavy-handedâ€.
The problem with AP’s actions is that there are countless sites, such as Digg, Stumbleupon and so on, that do the exact same thing the Drudge Retort was called out for. AP then issued a statement saying that it will go after blogs using AP content “when we feel the use is more reproduction than reference, or when others are encouraged to cut and pasteâ€. AP then had a meeting and decided to back down once more, this time deciding that it would not be going after blogs. Impulsive much?
Jim Kennedy, vice president and strategy director of AP, said, “Cutting and pasting a lot of content into a blog is not what we want to see. It is more consistent with the spirit of the Internet to link to content so people can read the whole thing in context.â€
An AP rep said, “The use is not fair use simply because the work copied happened to be a news article and that the use is of the headline and the first few sentences only. This is a misunderstanding of the doctrine of ‘fair use’. AP considers taking the headline and lede of a story without a proper license to be an infringement of its copyrights, and additionally constitutes ‘hot news’ misappropriation.â€
Have you ever seen the website Digg? It’s massive. Thousands of its articles use the headline and lede. If AP puts its foot down here, there will be a serious backlash and people will just stop using AP content. Bloggers will use other news sources. AP really doesn’t understand how the Internet works.
The New York Times has also come under fire for defending AP. NY Times, of course, partly owns AP. Then there’s the Media Bloggers Association, who apparently represent all bloggers. Never heard of them? Neither have I. Neither has anyone. But that hasn’t stopped them being chosen to negotiate with AP guidelines for the use of AP content on blogs. Never mind the business links the Media Bloggers Association has with AP.
AP has gone way down in my estimation.
NY Times, Tech Crunch, Andy Beard