(photoshopped by Michelle Malkin commenter Ugly American)
Tim Conneally at Beta News reported this yesterday:
The AP's disharmony with bloggers may have only just begun, as the alternative it's now offering to being served with takedown notices involves paying an up-front sum for excerpting online articles -- as few as five words.
The pricing scale for excerpting AP content begins at $12.50 for 5-25 words and goes as high as $100 for 251 words and up. Nonprofit organizations and educational institutions enjoy a discounted rate.
The "Excerpt for Web Use" pricing formula is here.
Reaction throughout the blogosphere has been furious. Among the points being made:
- AllahPundit at Hot Air points out that AP acts as if it has "an exemption from the same federal fair use statute every other content provider in America is governed by" (earlier text here misinterpreted Allah's sarcastic tone).
- LA blogger Patterico caught AP excerpting more from one of his blog posts (without payment) than AP would seem to be willing to allow bloggers to excerpt from them.
- Michelle Malkin uses the AP formula to calculate that the wire service owes her over $132,000.
Memeorandum is monitoring the ongoing reaction.
A related post is at BizzyBlog.com.
Editor at Large
Comments Policy
Just stop using AP then.
June 18, 2008 - 09:59 ET by mattmJust stop using AP then. You'll save money and have more accurate news. It's easy!
It's about more than "use" ....
June 18, 2008 - 10:12 ET by Tom Blumer..... It's about the ability to critique.
The AP would like nothing better than to make it very difficult for annoying bloggers to counter their spin and misstatements. How can you do that if you can't specifically identify what they are?
The financial structure AP has proposed would get that job done.
They already have unfiltered and unobstructed access to the hearts and minds of the public. Now they want to make sure it also goes unquestioned.
They'd have to get around this
June 18, 2008 - 12:07 ET by mattmLink (link and para breaks added by Tom Blumer)
§ 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include — (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Thanks ....
June 18, 2008 - 14:47 ET by Tom Blumer.... for finding.
AP deserves a 3 fingered
June 18, 2008 - 10:09 ET by Dan The Man 2AP deserves a 3 fingered salute for this hair brained scheme.
Nuke em til they glow then shoot em in the dark.
Three?
June 18, 2008 - 17:09 ET by Indiana JoeI was thinking of one.
What are the other two for? ;^)
The other two are to either
June 18, 2008 - 17:34 ET by Dan The Man 2The other two are to either side at half staff.
Nuke em til they glow then shoot em in the dark.
from the South
June 18, 2008 - 19:05 ET by wizardjrYou've got to be from south of the Mason Dixon. 'Up North' we're less coordinated so we only use one finger. :-))
Okay, so assuming it's 2.50 a word,
June 18, 2008 - 10:11 ET by fonzie2178It should cost me $1760 (roughly as much as Algore's daily electric bill) to link to this:
http://hosted.ap.org/dynamic/stories/O/OBAMA_GORE?SITE=NYUTI&SECTION=HOME&TEMPLATE=DEFAULT
Oddly enough, no AP stories about how much energy he's "saved" in the last year.
"This fall I'm voting for hope and change. I hope to change the members of congress in order to handcuff whichever liberal president we end up with." Me, 2008.
Hey AP! Now even the market's on my side!!
June 18, 2008 - 10:21 ET by sarcasmoDoes this new pricing scale mean that something like "(D. NY)" or "(R. FL)" counts as a word?? $2.50, baby, or five bucks if it counts as 2 words, since it's 2 abbreviations! Rake in that cash, every story!!
JMR
The tax & spend drug war looks racist in the real world.
Reality Sandwich
June 18, 2008 - 10:35 ET by TinianIt's a "market solution" so it must be good.
I'd like to buy an E, Pat.
Oh, the horror.
June 18, 2008 - 11:05 ET by sarcasmoOh, the horror.
JMR
The tax & spend drug war looks racist in the real world.
Yes, It's Horrible
June 18, 2008 - 11:12 ET by TinianHmm...
Violating fair use laws, stifling political discussion.
That is pretty horrible.
But to some people it's just a joke.
Hmmm.
June 18, 2008 - 11:25 ET by sarcasmoSome people just might be a bit humor-impaired...
JMR
The tax & spend drug war looks racist in the real world.
Some People...
June 18, 2008 - 16:20 ET by TinianIndeed. The ones who joke over a very serious issue.
How laughably dimwitted.
June 18, 2008 - 16:25 ET by sarcasmoPlease, go on...
JMR
The tax & spend drug war looks racist in the real world.
AP Rules!
June 18, 2008 - 19:32 ET by TinianIt's nice to see that you support the AP's position. Or you don't.
Nobody knows because all you do is obtuse snark.
That's a nice, safe and intellectually empty refuge you've built.
Windfall Profits?
June 18, 2008 - 11:08 ET by CaringwhiteguyHow about a windfall profits tax on "Big Wire Service"? None of the extra $$ the AP sucks out of the American consumer by using its monopoly should fall into its greedy hands. This is price gouging at its worst. Americans hungry for news shouldn't become victims of these robber barons. Senate hearings are in order.
It seems to me to be an attempt to profit from criticism, or...
June 18, 2008 - 10:46 ET by c5thenIn writting an article about news bias, it seems that the fair use clause would allow excerpting as examples without having to pay their exhorbitant fee. If you are going to quote the article as a news organization, it seems that there is already a membership fee or use fee that covers using their articles. So the per word fee is an attempt to circumvent the fair use doctrine and to silence the small blogger.
The day that "politician" became a career choice is the day we started losing the Republic. Let's get it back! Alan Keyes '08.
Fair Use
June 18, 2008 - 11:09 ET by allanfThe Supreme Court in Campbell vs Acuff-Rose Music Inc., recognized a Fair Use exemption to copyright laws even for commercial purposes.
Blogger articles, which link to the actual AP article are not detracting from AP's business. In fact they are increasing traffic to web sites containing AP articles.
The US Copyright Office writes:
AP will have a difficult legal road on this one.
Check the irony meter...
June 18, 2008 - 11:13 ET by Alex LaneThe "federal fair use statute" referred to is, basically, the Copyright Law, and I think the HotAir piece was being somewhat sarcastic with its "Must be nice..." opener. Digging down brings you to the relevant part of the Copyright Law, which discusses fair use.
Notably absent at all these links is the fact that, if you're squirrely enough to actually get a license to use a quote from AP, they reserve the right to terminate that license at any time if the way you use the quote makes them look bad (which I understand is not hard to do).
You can't make this stuff up, people.
Cheers...
Simple, don't use AP
June 18, 2008 - 11:23 ET by CTUse other less biased news sources. When necessary you may talk about the AssPress, just not to it, don't quote, paraphrase.
If this goes through, I
June 18, 2008 - 11:25 ET by Hero SquadIf this goes through, I hope someone will be watching AP for every instance it quotes information from another news source in its stories.
What's good for the goose...
*****
"People only insist that a debate stop when they are afraid of what might be learned if it continues." - George Will
It's a matter of time
June 18, 2008 - 11:34 ET by sarcasmoIf it hasn't happened already, but some blogger is bound to create a special license that goes something like this: "The pricing scale for the AP quoting my content begins at $12.50 for 5-25 words and goes as high as $100 for 251 words and up. Nonprofit organizations, educational institutions, and non-AP news sources enjoy a discounted rate of $0."
JMR
The tax & spend drug war looks racist in the real world.
AP
June 18, 2008 - 13:17 ET by terryfrankWell, it would seem to me that bloggers drive readership to sites where linked AP articles appear, thereby increasing the odds of advertising views.
Maybe we can pay a fee if they pay bloggers for reads per AP word.
I know personally that I've given my readers just a taste of some of the good pieces the AP has done, such as their investigative piece on teachers who sexually prey on their students, and I encourage readers to click over and read the entire piece.
F1r57 m4n 70 74k3 r31n5 45 C30 0f n4710n4| P74
June 18, 2008 - 14:18 ET by BritcomF0r 7h3 f1r57 71m3 1n m0r3 7h4n 100 y34r5, 7h3 n4710n4| P4r3n7 734ch3r5 4550c14710n w1|| h4v3 4 m4n 45 175 ch13f 3x3cu71v3 0ff1c3r.
Source: 7h3 b4574rd5 47 7h3 4550c1473d Pr355
Link: (you know where to find it)
Can't read 1337? This tool can help.
---
C0mmun157 v5. 5747157 '08
Q. 15 P4n4m4n14n b0rn J0hn McC41n 4 "N47ur4| B0rn C171z3n"
LOL, Britcon. I can read
June 18, 2008 - 14:35 ET by MassConservLOL, Britcon. I can read 1337, but it gave me a headache just the same.
I suppose this absolves you of your roughly $60 fee?
Hackers to AP: "You will be assimilated."
June 18, 2008 - 14:52 ET by BritcomJurnos don't have a prayer when they're up against haxors on their own turf.
"The internet is free, man, everybody knows that! "
---
Communist vs. Statist '08
Q. Is Panamanian born John McCain a "Natural Born Citizen"
The AP is not a reliable source.
June 18, 2008 - 14:19 ET by NBFThe AP would have to pay me to use their disgusting DNC propaganda. $1000 a word, please.
Free Market!
June 18, 2008 - 17:43 ET by David N MOI Totally agree with them, but I think they should be charging $5.00 or maybe $10.00 / word. If they are worth it then it will be paid... But not by me. And I would not miss the AP if they would quietly just go away.
first time they go to court
June 18, 2008 - 19:10 ET by wizardjrI'm waiting for the first guy they drag into court to enforce collection. When the Fair Use is brought in it'll just be beginning for AP. A counter suit for mallicious prosecution will follow. I'll be glad to pony up a couple bucks to the brave blogger who takes this one on.