Nxt Blog Index
June 18, 2008
Crosslinks: Bloggers and the AP

Like a lot of bloggers I've been monitoring the recent spat between the Associated Press and bloggers over quoting AP news stories.

Bloggers quickly went into combat mode, claiming the AP had crossed the line in an age when so much content is free. The AP on the other hand says they have a right to protect their property and get paid.

Is it possible they're both right?

I had a really hard time with this. My gut reaction was similar to plenty of bloggers - confused and filled with expletives. Some, like TechCrunch, are adopting a new policy that bans AP stories.

While there may not be a universal standard or style for bloggers, the thought is that quoting stories falls under fair use - the same guidelines that let you cite articles for school projects and reports. For the most part writers will link and quote to original stories. (There are of course exceptions.)

But what makes things worse is that it looks like the AP has taken up in the same lot as the Motion Picture Association of America and Recording Industry Association of America, which has sought to control the illegal use of its property through serious lawyer action.

From the example of both the MPAA and RIAA we know that tactic can go a long way towards making your audience unhappy.

On the other hand I work for a news organization, one that happens to pay the Associated Press (among other wire services) for their content. The fact is the AP ain't free for folks in the industry, so in that way it seems almost fair that they just want to get paid on the other side of things. The way they see it, they would not allow a newspaper to just run AP stories without consent (or a cashiers check).

But here's the problem: The old rules don't apply like they used to.

We all know this because we can find and access AP stories anywhere online through news sites, aggregators/RSS feeds and social networks. It's hard to tether the news to just once source now.

While the way we get our news is changing it's also effecting the news business itself. An interesting tidbit that has come out of this flap is that while the AP wants to start charging bloggers per word to quote their stories, at the same time they may be quoting bloggers more extensively in their stories.

(In return some are bloggers asking the AP for some of that fat wire service cash.)

This all makes for a pretty messy situation, as bloggers are at odds with the AP - which they need in some form to help them with their work. And the AP, which increasingly is quoting and legitimizing blogs through their work. (And of course there is the issue of who owns what when the story is an AP rewrite of a story from another paper.)

Scott Karp at Publishing 2.0 has an interesting take on things, specifically that the lines between quoting sources and blogs has blurred on both ends:

"Bloggers aren’t really reacting to the copyright issue, although that’s what everyone is taking about. It’s more like AP is giving on the record interviews to bloggers with its stories, and then when bloggers quote them, the AP turns around and claims the interview was 'off the record.'"

The simple fact seems to be that the new media wrecking ball that has hit so many other news organizations looks like it may have crashed into the AP finally. The AP's business model is as old as newspapers, and we're seeing how well that's shaking out for the industry.

The Internet has basically outpaced the old models for using/enjoying and paying for news, music and movies, and we're at a point where everyone's just starting to realize that.

The AP certainly has a right to want to get paid for its work - same as movie studios and musicians - but the problem is there may not be an easy solution right now.


Links:

- Cory Doctrow at Boing Boing: "Associated Press expects you to pay to license 5-word quotations (and reserves the right to terminate your license)"
- Karp on bypassing the AP: "Associated Press Hands Local And National News Sites An Opportunity To Get Links And Traffic"
- Culture Kitchen: "AP have their legal vampires chasing bloggers. I blame Hilary Rosen."
- Memorandum round-up of blog reaction

Posted by at 11:18 AM

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Comments

F*** the MPAA, RIAA, and AP. Old media will adapt or die.

Posted by rd
June 18, 2008 02:58 PM

I would happily take any content down if a news outlet thought I had overstepped the bounds of fair use. However, when they start talking about journalistic integrity, they are skating on thin ice. I have the right to editorialize on my blog about a news story. If the AP doesn't want a quote from that news story to appear on my blog, I still have the right to discuss it. Most of the time, the links die out after a newspaper archives the story, and linking to the AP's archives requires a fee, so I'm not going to use them anyway. I'm more likely to put a newsfeed on my blog, which so far is not only allowed, but encouraged. Bloggers point to news articles and give the outlet (and journalist) in question more press.

I think the AP should stick with fair use and not try to cross over the line into charging small bloggers money to quote their stories, but of course, they are free to see how many of us will pay their fees. I predict most will opt to avoid their stories and go elsewhere for material.

Posted by Marie in Maine
June 18, 2008 04:42 PM

No kidding, I hadn't heard about this. I like how we're supposed to "contact the owner of the work to be sure you are covered under fair use."

Have you read Clay Shirky's "Here Comes Everybody" yet? It's brilliant - I recommend it to everyone at the PPH.

Posted by C Neal
June 18, 2008 04:51 PM

I second CNeal - though I'll go a step further and suggest that everybody who uses the Internet should read it.

Posted by Alex Steed (of Make Something Happen)
June 18, 2008 05:31 PM

every time i reproduce Justin's log the only complaints i get are from readers...kidding.

Posted by yamo
June 18, 2008 07:41 PM

Justin

You hit the nail on the head. This isn't about copyright or fair use or Hot News. This is about the AP's business model being clearly negated by the internet and modern communications.

Their role as gatekeeper is gone. People can get access to the news content directly from the AP's own traditional sources.

The AP is threating and taking legal action because they are the only weapons that they have.

However I believe that the AP has been acting badly... They've filed lawsuits. sent outrageous DMCA and legal demands etc. From what I read on the DMCA and the actual posts in question I would argue that they fall squarely in the realm of fair use.

AP considers that they are entitled to "Own the news", Not just the expression of the news but the "facts of the day" or as AP's chief strategist called it "conversation of the day" as well.

Sorry, AP... you can't own the facts

The AP is trying to strong arm and coerce bloggers, the aggregators and online news into accepting terms that they have no right and to no court would likely ever grant them.

The AP is probably willing to bet that not too many people have the resources or willingness to mount a defense.

AP has some suits pending with competitors that are on shaky ground and these companies are presenting some extremely compelling motions and arguments... Take a moment to read the motions (they are available from legal libraries or through the court systems)

Posted by Bill Enator
June 19, 2008 07:29 AM

Well said, Bill.

At MSH, we're pushing for action:

http://makesomethinghappen.net/2008/06/19/i-want-you-for-the-bloggerap-tea-party/

Posted by Alex Steed (of Make Something Happen)
June 19, 2008 01:18 PM

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Justin is a former newspaper intern and has the scar tissue to prove it. Justin has been a staff writer for the Portland Press Herald/Maine Sunday Telegram since 2003, and in 2004 began writing a weekly column in the Monday Magazine.

If he had to pick a label, the column would fall under "youth culture," covering everything from high school dance etiquette, dealing with college debt, the resurgence of Roller Derby and Portland's one-of-a-kind music scene. This of course has not stopped him from answering letters to Santa Claus or writing about his experience riding shotgun in a drift car.

Justin is an export from the Midwest. He is a graduate of the University of Missouri and is originally from Minnesota. He enjoys bacon, cheap beer, redheads, Burt Reynolds jokes and wondering what the soundtrack to his life would sound like.

When he grows up he wants to be an international art thief. Or Captain America.

Until then he'll be bringing you dispatches about "the young people" and what they do.






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