The AP Overdoes Greed A Tiny Bit

June 18th, 2008 By: Michael van der Galien | Tags:

When I first heard that the AP wants to come with rules for bloggers, so that the latter can’t steal AP articles in their entirety without having to pay for it, I thought to myself ‘that’s logical.’ Now, however, I can’t help but get the impression that the AP is going completely insane over this issue.

Where the group had previously invoked the Digital Millennium Copyright Act and sent cease-and-desist orders to at least one blogger, seeking the removal of excerpted content (in some cases as few as 17 words in length), now the press service has attached an “Excerpt for Web Use” charge for passages as short as five words in length.

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.

This is freaking hilarious. $12.50 for five words? Are you all insane? Five words, what, two entire paragraphs should be for free. You don’t charge people because they quote 200 words or something. You charge people for stealing your articles in their entirety.

And a question; what’s considered quoting the AP? If President Bush says something, and the AP quotes Bush, are we then not allowed to quote Bush anymore because the AP also quotes him?

Also, should “boilerplate” words count towards the fee? For example, a phrase common among news stories is “[Name] had this to say:” for prefacing a published statement or quote. If the AP runs a story with this phrase, will it therefore cost anyone else $12.50 to use this 10 cent expression?

So what are we going to do from now onwards (just to be safe)? Right, we’re not going to link to the AP any longer.

Meanwhile, Michelle Malkin tells the AP ‘Show me my money!’

But let’s apply AP standards for the hell of it. I have found two recent examples of the AP quoting from this blog without linking to the quoted posts or obtaining my consent for a usage agreement…

Let’s assume, for the sake of argument, that half of all those clients published the AP dispatches quoting this blog’s content without prior usage agreement (which would be 3,775) and let’s apply the exact same fee structure AP wants to impose on the blogosphere ($17.50 for 26-50 words). I calculate that the AP owes me:

$66,062.50 x 2 = $132,125.

Patterico:

Now, in a slightly ironic twist, the AP is taking content from a blog site. Namely, mine.

In a news item about the e-mail from Judge Kozinski’s wife that I posted on this site, an AP article lifted numerous passages.

I counted 154 words quoted from my post. That’s almost twice the number of words contained in the most extensive quotation in the Drudge Retort.

Justin Gardner:

First, it’s a complete perversion of the fair use laws to suggest that quoting more than 4 words violates copyright, and AP should know better.

Second, bloggers help AP’s content by quoting it, citing it, linking to it and consequently helping it rise further up in search results. Because what this ultimately does is sends more traffic to their stories…which they can then make more ad dollars off of.

Third, the sooner the AP realizes this, they better. Consider my decision as a way of helping the AP get with reality sooner rather than later. And if the entire blogosphere follows suit, there’s absolutely no way they can sue us all.

Buck Naked Politics:

At first I was all, ‘Whatever; I’ll see what standards they come up with and decide whether to comply.’ I like to be courteous.

But it’s not up to them or the Media Bloggers Association — which I didn’t appoint to represent me — to set legal guidelines or demand protection money.

Kyle E. Moore:

Five minutes is about how long I had to wait for a story covered by the AP to be covered by someone else so I could write on it and not break my AP boycott.

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  1. Interested
    June 18th, 2008 at 11:29
    Reply | Quote | #1

    most likely a few bloggers will send cease & desist orders against the AP who’ll then come to an agreement with some larger blogs that the others will have no choice but to follow.

  2. Damien
    June 18th, 2008 at 17:39
    Reply | Quote | #2

    most likely a few bloggers will send cease & desist orders against the AP who’ll then come to an agreement with some larger blogs that the others will have no choice but to follow.

    Says who?  Until the laws on copyright change the AP has no legal footing here.  Any "agreement" reached on this matter by AP and any of the big-name blogs has absolutely nothing to do with what’s within the law.

    At most it could be considered a courtesy move.  But enforceable on the rest of us?  Not a snowflakes chance in Hell would that fly in court.

  3. Nihat
    June 18th, 2008 at 18:28
    Reply | Quote | #4

    Interesting confrontation. My money is on the bloggers (those that quote and link, not those that lift entire articles without linking or adding original commentary).

    If these struggling traditional news sources are to have a chance for the long haul, they have to start looking at this from the readers’ (users’) perspective as well. I, for one, am quite irritated by traditional media articles that refer to, make a mention of, other material with, of course, proper attribution but without providing a hyperlink. I want them to link to their rivals if they are referenced. I am not too young, but lazy or spoiled like a 12 year-old in this Internet age.

  4. This, That & Tag « IndieQuill
    June 19th, 2008 at 19:22
    #5
  5. Bill Enator
    June 21st, 2008 at 22:13
    Reply | Quote | #6

    No question that the AP’s making a strategy move .

    At <a href="http://www.paidcontent.org/entry/419-aps-annual-meeting-icopyright-deal-and-more/">AP’s annual meeting</a>  they name <a href="http://info.icopyright.com/news_041408_ap.asp">
     iCopyright Named Licensing Agent for Reuse of Associated Press Content Published Online</a>

    AP has determined that they consider to be fair-use to be exactly four words. <a href="http://license.icopyright.net/user/offer.act?gid=3&inprocess=t&sid=36&tag=3.5721%3Ficx_id%3DD90VCFA01&urs=WEBPAGE&urt=nullit">More than that and you pay $12.50 - $100</a>.  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.

    <blockquote>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."</blockquote>

    ——
    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  <a href="http://en.wikipedia.org/wiki/Oligopoly">oligopoly</a> or <a href="http://en.wikipedia.org/wiki/Carte">cartel</a> 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: <a href="http://www.poynter.org/column.asp?id=31">AP v. Bloggers: Hurting Journalism?</a>

    Pajama’s Media Asks: <a href="http://pajamasmedia.com/blog/is-the-ap-good-for-america/">Is the Associated Press Good for America?</a>

    Perhaps the question we need to ask is: "Is the AP <a href="http://en.wikipedia.org/wiki/Evil#Evil_in_business">evil<a>?

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