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BT Wilders
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Joined: 16 April 2004
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Posted: 17 June 2008 at 3:49pm | IP Logged | 1  

The thing about fair use is that it is a fact based defense.  Every alleged act of infringement is going to be unique because the facts that matter will be different every time:  what context is the quotation used in, does the quotation contain mostly facts or mostly opinion, how much from the original article is quoted, how long is the piece in which the quotation is used...  

Two problems arise.  First, the only way to know if what you are quoting is protected by fair use is . . . to get sued by the AP!  The legal fees necessary to achieve such a victory will be huge.  Second, because every case will be unique, each fair use victory against the AP will have to be won individually.  There won't be a seminal case "striking down" the APs new rules. 

Hence, in a lot of forums (like this one) it will be easier to just comply.

BT

 

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Michael Casselman
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Posted: 17 June 2008 at 6:04pm | IP Logged | 2  

If you follow the original link at PC World, and then click on the link which takes you to their pricing list, it gives you the option of choosing what words or fragments you wish to copy and what site you're going to put them on... yet there is no indication of where or from what original AP article you got these words to begin with.

Is AP now claiming copyright on sentence fragments?

What if a blogger were to randomly or unintentionally create a sentence fragment which corresponded with an AP produced article? I wonder what type of internal oversight this policy has that keeps overzealous lawyers at bay. Will they start Googling five word sentence fragments in search of 'piracy'?

On that same page AP Content Services, if you enter a few words that you wish to use in the field provided, then say you accept the terms and click 'next', it takes you to a new screen that asks you to create an iCopyright Clip&Copy account... and below that, they have a blurb that says (and I'll paraphrase, now that we live in APs New World Order), that creators are hurt by the acts of piracy, that it devaules their finished product, and it puts both your employer and you at risk.

"My employer"? How is my employer now responsible for my up-'til-now 'Fair Use' actions on the internet?

While I can appreciate the way words carry a meaning and can portray an image of events, are journalists now considered (and elevated to the same level as) "artists" in the same way musicians lose royalties from downloaded music? That any given five words of theirs are some unique creation that no one i the whole wide world might have also come up with?

(Is that an extreme 'what if' scenario? Sure.But just wait until they take the first blogger to court for some unique five/ten word string that they claim was lifted...)

First we had 'rock star' Rock Stars, then we had 'rock star' comic book artists, now we have 'rock star' journalists. Will journalists start signing exclusives? Will they receive any cut of these word-rates?

** I hereby attest that this post is an original creation based on personal observation and the totality of the above words and paragraphs have never ever been posted in this configuration anywhere else by anyone else on the entire InterWebs or the annals of written history. Any similarities to other published works, past, present or future are pure coincidental.


Edited by Michael Casselman on 17 June 2008 at 6:05pm
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Jeff Gillmer
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Posted: 17 June 2008 at 10:09pm | IP Logged | 3  

One blog site vs AP

Here

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Knut Robert Knutsen
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Posted: 17 June 2008 at 11:24pm | IP Logged | 4  

An added wrinkle is that truth has no copyright. Only the phrasing of it does. Only fiction is protected to the core.  This means that the actual news content of an AP article is, and always has been, public domain. Any word that is  essential to conveying the facts is protected by "public domain" (maybe not the right phrase).

If an AP article says for instance : "Joe Rockstar was arrested on charges of drug possession and DUI in Santa Monica yesterday, police sources say" , as long as that is factual information it shouldn't be protected by copyright.

If the article embellishes and gives "color commentary" that are the impressions of the journalist or opinion, then those parts are protected.

AP's short newsbursts are so trimmed of fat that they shouldn't technically have any copyright protection at all.

Their longer pieces, certainly, are covered by copyright but news organizations have used the old "reporting the news that something is news" excuse to get around violations of privacy and libelous statments ("we didn't say that you did that. We just said that they said that you did that.")  so I'm not sure how they can claim that bloggers and others can't quote their news stories as "their" news. ("AP had a news story today in which they said  --- insert extended quote here." )

It's all about money. AP makes money off the news, nothing wrong with that. But restricting access to those news on financial and copyright grounds? Please. Let's say that there's a business document detailing illegal activities at a large corporation. the AP tries to run it as news. What happens if the corporation claims copyright protection? How liberal will their interpretation of "fair use" be then?

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Bob Neill
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Joined: 03 December 2007
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Posted: 18 June 2008 at 12:26am | IP Logged | 5  

Suck it, AP.

(Three words, gratis.)

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Matt Reed
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Joined: 16 April 2004
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Posted: 18 June 2008 at 10:14am | IP Logged | 6  

bump for people who weren't posting yesterday.

Interesting debate on the issue, BTW. Keep it up!

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Jodi Moisan
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Posted: 18 June 2008 at 10:27am | IP Logged | 7  

Matt WOW, had no idea, will watch in the future, I understand why they are doing it, money makes the world go around, but it doesn't stop it from sucking.

 

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