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Hey AP, Got a Betamax?

June 16th, 2008 by Brad Waller

The Associated Press thinks that Fair Use means it’s Fair to Use unless you’re a blogger. They don’t like the blogosphere’s use of too many quotes from AP articles and they want to set a policy of what constitutes fair use, as opposed to the federal government.

Check out this article’s coverage of the issue:

Jim Kennedy, the AP’s director of strategic planning, said Monday that he planned to meet Thursday with Robert Cox, president of the Media Bloggers Association, as part of an effort to create standards for online use of AP stories by bloggers that would protect AP content without discouraging bloggers from legitimately quoting from it.

The meeting comes after AP sent a legal notice last week to Rogers Cadenhead, the author of a blog called the Drudge Retort, a news community site whose name is a parody of the prominent blog the Drudge Report.

And here is where the AP article talks about the guidelines:

In response, the AP indicated it would seek to create guidelines, though even that idea triggered further protests. Michael Arrington wrote on his TechCrunch blog Monday that AP “doesn’t get to make its own rules about how its content is used, if those rules are stricter than the law allows.”

Wendy Seltzer, a legal scholar and a fellow at the Berkman Center for Internet and Society at Harvard University, said the news organization should not try to go beyond what’s legally permissible.

“If they were on the other hand to say, you may use 10 words only and any time you use 11 we’ll send a takedown notice, that wouldn’t be helpful,” Seltzer said.

AP worries that bloggers will dilute their content:

Kennedy said the AP had both a journalistic concern about preventing AP news from being quoted out of context and also a business concern about protecting the value of AP’s news from being diluted if its key elements are made available from places that aren’t licensed.“We need to protect our content, no matter who’s using it, but we also recognize that the bloggers perform a really important function on the Internet in terms of increasing the engagement of the audience online, and we want to facilitate that,” Kennedy said.

So AP, did I quote too much? Let me know.

6 Comments

Pat Grady said:

AP sounds so old school. They should encourage people to link to them to give credit and the serps would pay them back many times over.

I’m in favor of protecting copyrights and all other kinds of intellectual property, doing so is fair and preserves the motivation to create and publish. But a news org has got to realize that news spreads - it’s in its essential nature - they need to leverage that, not stifle it.

Wayne Porter said:

And news spreads differently with social tools…well it is still word of mouth..the social tools “color” what we read and how we react.

It will take time, but stuff like Twitter or Jaiku, etc will change things.

Wayne

As a former journalist I find Kennedy’s concern about “out of context” quoting to be disingenuous. Traditional news organizations commonly slice and dice AP content to make it fit their needs. Whether it is cutting out whole sections of a story simply to fill a hole on a page or pulling a quote from one article to feature in another.

Nor is this simply a case of the continuing feud between bloggers and journalists as to who is providing “real” news. Journalists have always felt that blogger content is inferior. Even without the designation of being “news” bloggers like Arrington have collected a large readership and are often looked to as experts in their field.

It is the agility of bloggers that has Kennedy worried. Advertisers always follow the audience. Unlike more traditional forms of media bloggers can post and respond to events very quickly. This has expanded their audience and impacted the bottom line for news organizations such as AP. Thus Kennedy’s second concern about the value of AP’s content being diluted is well founded. For AP this move against bloggers is not just about the facts but about business.

dee said:

I agree with Pat. Get on board AP!

Marcel said:

I will never use AP. I will instruct my bloggers to never use the AP.

JP said:

I prefer Reuters anyways.

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