Open Access News

News from the open access movement


Monday, June 23, 2008

Paying for fair use

I'm not covering in detail the Associated Press' unilateral attempt to limit fair use.  But the AP's latest move, charging fees for quotations, has a strong OA connection.  Cory Doctorow and Patrick Nielsen Hayden put it well:

In the name of "defin[ing] clear standards as to how much of its articles and broadcasts bloggers and Web sites can excerpt" the Associated Press is now selling "quotation licenses" that allow bloggers...[and others] to quote their articles. The licenses start at $12.50 for quotations of 5-25 words. The licensing system exhorts you to snitch on people who publish without paying the blood-money, offering up to $1 million in reward money (they also think that "fair use" -- the right to copy without permission -- means "Contact the owner of the work to be sure you are covered under fair use.").

It gets better! If you pay to quote the AP, but you offend the AP in so doing, the AP "reserves the right to terminate this Agreement at any time if Publisher or its agents finds Your use of the licensed Content to be offensive and/or damaging to Publisher's reputation."

Over on Making Light, Patrick Nielsen Hayden nails it:

The New York Times, an AP member organization, refers to this as an "attempt to define clear standards as to how much of its articles and broadcasts bloggers and Web sites can excerpt." I suggest it?s better described as yet another attempt by a big media company to replace the established legal and social order with with a system of private law (the very definition of the word ?privilege?) in which a few private organizations get to dictate to the rest of society what the rules will be....Hey, why have laws? Let?s just ask established businesses what kinds of behaviors they find inconvenient, and then send the police around to shut those behaviors down. Imagine the effort we?ll save....