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Tuesday, June 17, 2008

Associated Press Blindsiding Bloggers

*****UPDATE From Media Bloogers Association

On my own site and others that I post on I am a stickler for linking to the site the quote comes from, the author when listed also. Over at the Associated Press they are going after bloggers for monetary damages for using quotes in their posts that originated from AP.

You can check the Associated Press thought here.

What I just don’t get is the terms of their definition of “Fair Use” in the news and blogging world. My good friend is a retired Newspaper Editor and she has this definition of “Fair Use” listed on her blog. I may be way off the mark on who knows what is “Fair Use” policy in the printed media world but I’m going to trust my friend BJ. God forbid the Associated Press would go after someone that used to buy ink by the barrel that has a blog. I would be the first one to go to her defense with a fat check for her lawyer if the AP attempted to sue a retired editor that is slowly loosing her vision. I’ve deliberately not linked to her site to protect her happy retirement life from AP lawyers thinking they are on the scent of blood and bloggers… Sorry BJ.

"This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. I am making such material available in an effort to advance understanding of current issues. I believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes."

Tell me I’m wrong and that the Associated Press is making up there own rules for the internet use that they post on the internet that people read every single day. Most legitimate bloggers link back to the persons originally credited with the article which in exchange drives people to the AP post that was paid for by the news service posting it. That in turn pays the advertising bills for the site and thus money is made by the original site. For that fact to be true then Crooks and Liars can steal my work seven days a week if the link back benefits my advertiser. Daily Kos, feel free to hold my entire posts hijacked on a trip to Cuba. As for the Huffington Post, I don’t want those bastards stealing my works. What the AP is doing is picking and choosing what web sites or blogs they want there work to appear on and that is wrong. The law is clear and the AP does not write the law. Legally I don’t think they have a leg to stand on but I will defer that to the people in the know of the law, AP lawyers not included.

As a blogger I read dozens of blogs a day and each one is more or less opinion of the article written than content theft. In that same thought I have found myself clicking on many AP articles to read the associated quote from many sites across the internet. I’m not talking about just AP articles but many other sources of news in the “Fair Use” presentation of the articles posted online. If any organization posts its writers articles online then they are open and free to interpretation just as much a letter to the editor is in your local paper. Or are you guilty of theft if you send a letter to the editor in opposition to an article labeled “XYZ on ABC”?

Some of the folks in the undergound blogger union have spoken of a united front to boycott the Associated Press and I’m finding myself looking favorably toward that position. We bloggers have our own secret handshake and manifest destiny that compels us to rebel against the institution of society. And there is that other thing where we are just one person writing opinion where the media has no clue as to the real world in America.

At the next meeting for the local chapter of Bloggers I’m going to raise the resolution to ban AP from our posts. From now on I will be only quoting over the fence news from my neighbor. No, that won’t work. Maybe I could use this search engine called Google to find relevant information? I’ll have to just check that out.


Feel free to link to, borrow, steal, or call this post your own. A link back is appreciated though!

Bring It ON!
To the Center

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Blogger PoliShifter said...

Well Bush and Cheney write their own legislation via signing statements. I guess the AP figures they might as well give it a shot to make their own 'laws' er rules...

It's very cheap for them to draft fancy lawyer letters and send them to lowly bloggers like myself who would likely freak out upon receipt and not have the funds to even hire an attorney.

Much easier to go after the little fish then tackle a larger fish that has the resources to go to court and might actually beat you.

Great White Sharks as fearsome as they may be still prefer the injured and weak prey to the healthy. They still bite and runaway and let the prey bleed to death before eating.

2:45 PM  
Blogger Papamoka said...

Polishifter you nailed this one right on the head!!! I never even thought of the signing statement issue.

3:44 PM  

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