A.P. and Fair Use II

In my previous links entry, I mentioned the widely reported news that the Associated Press is seeking to restrict the use of their stories in ways that would violate fair use provisions of copyright law.  As a number of observers have pointed out, the citations of AP stories are not mere excerpts but also include some form of commentary on the articles, and as I mentioned before, this could prove to be an interesting test of fair use, so for now, I’m trying to round up a number of bloggers and media critics who have been commenting on the story.  Here are a few others worth checking out:

  • David Ardia at PBS’s MediaShift Idea Lab has a great overview, pointing out that the AP initially claimed that the Drudge Retort’s activities qualified as a “hot news” misappropriation, but as Ardia points out, to support such a charge, the AP would have to show that the Drudge Retort is a direct competitor with the AP.  Ardia points out that the AP seems to be backing down from this particular claim, however.
  • Jeff Jarvis makes the argument–similar to my own, albeit in much stronger language–that the AP’s argument ignores the essential link economy of the blogosphere, adding that the AP “is declaring war on blogs and commenters” (savvy readers will note that I have just engaged in that practice).
  • Just for a little background, here’s the original AP request that the Drudge Retort take down AP content and an Editor and Publisher story on the AP’s plans to outline a policy on the use of AP content by bloggers.  The potential good news is that the AP will work with the Media Bloggers Association on drafting these policies (although Kos is a little more skeptical about this meeting than I am, perhaps with good reason, given that there is so little to discuss).
  • Finally Matthew Ingram of the Toronto Globe and Mail has a pretty good overview of why bloggers are on the right side of copyright law here.

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