Then I went to Jordan Golson's article, AP targets bloggers over story excerpts:
The Associated Press, the not-for-profit news cooperative, has filed DMCA notices against social news/blog The Drudge Retort for posting short excerpts of AP stories. In a letter to Rogers Cadenhead, the owner of The Retort, the AP believes "the Drudge Retort users' use of AP content does not fall within the parameters of fair use."Ah, hell, that's what I just did to Golson. I'm in trouble now.
The "AP considers taking the headline and lede of a story without a proper license to be an infringement of its copyrights, and additionally constitutes 'hot news' misappropriation."
Rogers Cadenhead posted AP Files 7 DMCA Takedowns Against Drudge Retort wherein he writes,
I'm currently engaged in a legal disagreement with the Associated Press, which claims that Drudge Retort users linking to its stories are violating its copyright and committing "'hot news' misappropriation under New York state law." An AP attorney filed six Digital Millenium Copyright Act takedown requests this week demanding the removal of blog entries and another for a user comment.Ah, damn. Did it again.
The Retort is a community site comparable in function to Digg, Reddit and Mixx. The 8,500 users of the site contribute blog entries of their own authorship and links to interesting news articles on the web, which appear immediately on the site. None of the six entries challenged by AP, which include two that I posted myself, contains the full text of an AP story or anything close to it. They reproduce short excerpts of the articles -- ranging in length from 33 to 79 words -- and five of the six have a user-created headline.
Jeff Jarvis at his Buzz Machine told the AP to f**** off:
In its complaint against Cadenhead, the AP is flouting fair use and fair comment. It is ignoring the essential structure of the link architecture of the web. It is declaring war on blogs and commenters.Er, Mr. Jarvis, you don't get it. If The Drudge
So let’s fire back. I urge bloggers everywhere to go to the AP and reproduce a story at length in solidarity with Cadenhead and Drudge Retort.
I'd also say, Mr. Jarvis, that your call to reproduce an AP story is manure. You posted the AP story Cedar Rapids struggles to endure historic flood; you didn't give credit, as the AP has done, to the writer, Amy Lorentzen. You think you talk a good game, Mr. Jarvis, but you have degraded the work not of the AP, but of Ms. Lorentzen. Give credit where credit is due. How would you like it if I copied your words without an attribution of more than a link? How would you like it if I presented the material as if I had written it, and provided no additional commentary?
Mr. Jarvis, Mr. Cadenhead, you gentlemen don't get it. Play by the spirit of the law, if not the letter of the law, and you wouldn't be facing court action.