Sunday, June 29, 2008

More on AP vs bloggers

Incredibly, I find that Associated Press signed an agreement in 2007 with NowPublic.Com to use material FROM NowPublic.

NowPublic defines itself as a "social networking" site, as does the Drudge Retort.

"Contributors" to NowPublic copy material directly from copyrighted publications and post the material to the NowPublic site with a link to original source. I've reviewed a number of these contributions. The pasted items are quite lengthy.

Take a look at this paste-job, copied from the New York Times.

This is a practice that's more-than-identical to what the Drudge Retort was challenged for, because the NowPublic paste jobs are much, much, much longer.

Meanwhile, the folk at PBS Idea Lab agree with my first post that Associated Press has no claim to "Hot News Misappropriation" and probably not to simple copyright infringement either. To AP's offer to set up guidelines for bloggers, the Idea Lab author writes:

"While AP is entitled to issue a set of guidelines for the use of its articles, these guidelines are not legally enforceable and they cannot narrow the scope of what is permissible under the fair use doctrine. The blogging community needs to be careful not to allow these guidelines to become a de facto set of norms that constrain the permissible uses of news content."

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