Associated Press to Charge Bloggers Fee for Citing as Few as 5 Words
Yesterday, I shared the ongoing story of the Associated Press suing bloggers for citing passages from AP articles. Today, the Associated Press announced a new fee schedule called the Excerpt for Web Use Policy that bloggers have to pay to cite text from AP articles. The fees are as follows:
- 5-25 words = $12.50
- 26-50 words = $17.50
- 51-100 words = $25.00
- 101-250 words = $50.00
- 251 words and up = $100.00
The Associated Press has set up an Excerpt for Web Use website where bloggers can copy and paste the text from an AP article they want to cite in their blogs, enter the URL where the citation will be published and find out what the charge will be.
Bloggers are reacting negatively to the Associated Press' heavy-handed approach to fair use. Currently, a website exists for bloggers to sign up to boycott the Associated Press and bloggers from very popular blogs such as the Daily Kos have taken another stance stating they'll continue to cite Associated Press articles and fight the fair use violation in court if necessary.
Let this be another reminder to bloggers to cite your sources and remember to follow fair use and copyright rules. When in doubt, err on the side of caution.
No question that the AP’s making a strategy move .
At AP’s annual meeting they name
iCopyright Named Licensing Agent for Reuse of Associated Press Content Published Online
AP has determined that they consider to be fair-use to be exactly four words. More than that and you pay $12.50 – $100. This is pretty hypocritical considering that AP journalists help themselves routinely to much more than four words from blogs and websites in the name of “fair use”.
AP takes this a step further and under the license pricing and terms of use for iCopyright they place language that raises eyebrows and limits free speech.. Pretty unusual for an entity that lives and dies by freedom of speech protection.
iCopyright License Excerpt:
Derogatory and Unlawful Uses: You shall not use the Content in any manner or context that will be in any way derogatory to the author, the publication from which the Content came, or any person connected with the creation of the Content or depicted in the Content. You agree not to use the Content in any manner or context that will be in any way derogatory to or damaging to the reputation of Publisher, its licensors, or any person connected with the creation of the Content or referenced in the Content.”
——
I think that any reasonable person would see a strategy in play and is very much at odds with rights they flaunt daily.
AP is large and may not be a monopoly in the strictest sense, perhaps oligopoly or cartel is a better description.
Is the AP behaving ethically and morally? Are they being a good citizen? Many say they’re not.
AP’s strategy and behavior raises lots of questions and concerns:
The Poynter Institute on it’s blog asks: AP v. Bloggers: Hurting Journalism?
Pajama’s Media Asks: Is the Associated Press Good for America?
Perhaps the question we need to ask is: “Is the AP evil?
Always write everything in your own words. If you absolutely must quote someone, cite the name of the person, the website URL you received the quote from and the name of the newspaper or website the information came from. Be on the safe side.
I completely agree, Linda. It’s better to be safe than sorry!
I hope some entity with enough money to go up against the Associated Press on this does so, but I’m not optimistic that it can or will happen.
If AP, or any other entity, can charge $12.50 for 5 words, they can charge $500.00.
The fact that AP or a member media outlet has used certain potentially loaded language in a news story or otherwise biased a debate, and the precise words used, are newsworthy and proper subjects of blog comment.
The iCopyright rules quoted, effectively prohibiting criticism of AP or anyone else involved, or the content of a story, raise even worse First Amendment issues.
Suppose an AP story, picked up from the only paper in a city, and used on the Internet by a licensed entity, is the only original print report of a significant event, such as , in one example with which I am familiar, a high official making a statement for campaign fund-raising purposes that raised a serious question about his judgment and the integrity of the system or process, much less the people, the only record of which is from the media coverage of the speech. If you want to report or comment on this news, including the fact that the official made a shocking statement in front of a reporter and prospective donors to his campaign for reelection, there is, as a practical matter, nothing else you can cite for a legal pleading or an editorial comment, or the campaign.
The other situation that comes to mind immediately is where the first news story is itself the newsworthy fact. In one situation years ago while I was in law school, a major news organization reported on a large demonstration I had just walked past to my office, as a reesearch assistant to another news organization dealing specifically with the subject of this demonstration, from which I could observe this large demonstration. The truth, however, was that it never happened! The entire “demonstration” consisted of two students talking while walking to class. The reporter who allegedly covered this alleged mass gathering wasn’t there. They also misstated the position of a senior faculty member, against which that alleged demonstration had allegedly been mobilized.
Consider a story, editorial, or textbook entry about the Chicago Tribune having published its infamous “Dewey Defeats Truman” story.
There is something else screwy here. AP licenses content to my ISP’s news and it comes up on my home page. No charge to me by AP for reading it. It also comes out in the print edition of the paper. If I cut it out of the paper and send it to apolitical campaign or blog, no fee. If, however, I cut and paste the article and forward it to my candidate’s campagn, much less an Email list, or quote it in my blog for the news value of the fact that the article was published, or phrased a certain way, or that it was inaccurate, under this scheme, I would have to pay AP for the rivilege of pointing out to people an error or falsehood in their story, or what it said about a candidate, true or false.
You make excellent points, Peter and I completely agree with you. I think there is something to be said for protecting copyrights but at the same time, people want to share information. Charging people to share 5 words is ridiculous and begs the question, “when will it stop and how far will it go?” There really need to be written rules to protect copyrights but allow sharing of information at the same time.
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