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Associated Press: Fair Use Limits You To Four Words; Five Words Costs $12.50
techdirt.com ^ | June 17, 2008 | from the make-it-stop dept

Posted on 06/17/2008 12:33:32 PM PDT by Jim Robinson

As we wait with bated breath for the Associated Press to come down from the mountain with its own rules for "fair use for bloggers," Patrick Nielsen Hayden gives us a sense of what the AP considers fair use (found via Boing Boing). Apparently, for quite some time, the AP has had up a page that lists out prices for quoting AP text. I will quote the list prices, and hope I don't get a DMCA takedown:

Oh, and it gets better. The AP claims that it can revoke the license at any time if it feels you're saying something negative about the Associated Press: "Publisher 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."

Now, these are the terms that the AP has had on its site for some time -- but they explain why the AP went after the Drudge Retort for quoting less than 100 words. To the AP, that was a violation requiring a $25 license. So, while some believe that those criticizing the AP are overreacting, I'd argue that's not the case at all. This is not, as suggested, a one-time thing. This is an ongoing pattern of misuse of copyright law by the AP. And it's been pointed out to the AP in the past that these actions are wrong -- and it did nothing to change the AP's behavior. Instead, it seems to have only emboldened the AP.

Besides, it now appears that the AP's way of having this "conversation" with bloggers on what is AP-acceptable "fair use" is to meet with some guy who represents some blogging "group" I've never heard of. That group does not represent bloggers and it certainly doesn't speak for all of us in reaching some sort of "agreement." If the AP really wants to engage with the critics, why doesn't it come out and talk to those of us criticizing its actions? So far, the only engagement has been to cut and past the same comment on a bunch of blog sites... Other than that, it has only spoken to reporters about this issue.


TOPICS: Extended News; News/Current Events
KEYWORDS: ap; asininepricks; associatedpress; asspress; asspressbias; censorship; fairuse; freespeech
Boycott AP! We don't need their steenking liberal propaganda anyway.
1 posted on 06/17/2008 12:33:32 PM PDT by Jim Robinson
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To: Jim Robinson

Yep. They are slowly fading into history anyways. This will just speed up the process.


2 posted on 06/17/2008 12:35:58 PM PDT by b4its2late (Ignorance allows liberalism to prosper.)
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To: Jim Robinson

btt


3 posted on 06/17/2008 12:37:05 PM PDT by mnehring
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To: Jim Robinson

The trouble with boycotting them is they sometimes publish stiff that calls out for a Barf Alert or lesser level of criticism and it can only be done if we quote them.


4 posted on 06/17/2008 12:38:36 PM PDT by libstripper
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To: Jim Robinson

Once you pay them you will be bound by the full terms of the AP contract and fair use won’t apply.


5 posted on 06/17/2008 12:38:42 PM PDT by Libertarianize the GOP (Make all taxes truly voluntary)
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To: Jim Robinson
Does the four word limit apply to the title?

If so, I can see AP make it a backroom policy to make all articles over four words so they can go after everyone who even links to articles as some sort of money making scam.

6 posted on 06/17/2008 12:38:42 PM PDT by mnehring
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To: Jim Robinson

Already posted

http://www.freerepublic.com/focus/f-news/2032217/posts

WOO HOOOO!! I always wanted to do that to you.ggg

Hope you are well.


7 posted on 06/17/2008 12:40:13 PM PDT by DManA
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To: Jim Robinson

Is that a price per incident?


8 posted on 06/17/2008 12:40:39 PM PDT by js1138
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To: Jim Robinson
Don’t feed the beast! Cancel your local newspaper subscription now!

(Thanks Jim!)

9 posted on 06/17/2008 12:41:54 PM PDT by Niteranger68 (It would suck to be a white relative of Obama.)
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To: Jim Robinson; conservatism_IS_compassion
Conservatism IS compassion (Freeper Since Feb 27, 1999)

"In the founding era, newspapers didn't have the "wire" of the Associated Press - and they were openly slanted according to the predelictions of their owners or sponsors. So they were slanted - thus, "propaganda" - but at least they were more or less frank about it. With the advent of the telegraph and (in 1848) the AP, people were alarmed at the obvious concentration of propaganda power it represented. The response to the charge of AP propaganda was - of course - a propaganda campaign. And a very familiar one it by now is. It has never changed since then; we have been told for 160 years now that journalism is "objective." The most massive and effective propaganda campaign in the history of mass communications. It stops all contrary thought almost perfectly. Reject as absurd the claim that journalism - which after all is merely the glorification of what the journalist knows that you don't know yet - is anything to make or require journalists to be intrinsically superior to nonjournalists, and you find the world makes a lot more sense. The tendency of journalists to promote socialism and socialists is simply the tendency of talkers to promote talk and denigrate action. And, germane to this particular topic, the "anthropogenic global warming" scam is simply a way to denigrate the fuel and automobile industries in particular and the public consumer of fuel (i.e., all of us) in general - all for the purpose of making the talker more important than the doer."
10 posted on 06/17/2008 12:41:57 PM PDT by Liberty Valance (Keep a simple manner for a happy life)
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To: Libertarianize the GOP

It’s a moot point. It’s the AP that is in violation of US Copyright Law.
They will lose the first lawsuit, guaranteed.


11 posted on 06/17/2008 12:43:20 PM PDT by soupcon
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Comment #12 Removed by Moderator

To: js1138

I’ve been reading around and a lot of bloggers are finding ways around this including: Putting_underscores_between_each_word_to_claim_they_are only posting one continuous word. Puttingeverythinginmetatags so they can claim they are not posting the article but metatags of the article.


13 posted on 06/17/2008 12:44:25 PM PDT by mnehring
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To: Jim Robinson
If the article poster gives the URL and posts the first four words, and each commenting FReeper posts four successive words (as a comment) is that still "fair use"?

Just checking... Actually, I go along with the "Boycott AP!" idea...

14 posted on 06/17/2008 12:45:12 PM PDT by TXnMA ("Allah": Satan's current alias...!!)
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To: libstripper

Well, I’m not going to play their games. I’m going to ban AP from FR. If you want to report on something they publish you can always say, “According to the Associated Press, blah, blah, blah,” without using their titles or any actual quotes. Critiquing or reporting on published articles still falls within commonly accepted fair use standards. AP can shove their liberal propaganda and their censorship attempts where the sun don’t shine.


15 posted on 06/17/2008 12:47:48 PM PDT by Jim Robinson
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To: Jim Robinson

Everytime the AP puts out a biased strory, I call the editors of two local papers who don’t have DC based staff.


16 posted on 06/17/2008 12:48:33 PM PDT by Doctor Raoul (Fire the CIA and hire the Free Clinic, someone who knows how to stop leaks.)
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To: Jim Robinson

All I need is 3 words for AP and first word is Go.


17 posted on 06/17/2008 12:49:21 PM PDT by AU72
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To: Jim Robinson

Except....except...we boycott steenkin’ AP, and we are left with quoting steenkin’ Reuters, even more biased and puanteur AFP, est bien plus décentré. I have to say, though, the idea of spanking AP is appealing.


18 posted on 06/17/2008 12:50:42 PM PDT by 3AngelaD (They screwed up their own countries so bad they had to leave, and now they're here screwing up ours)
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To: Jim Robinson

I might like this fair use....

from http://www.freerepublic.com/focus/f-news/2032410/posts

Associated Press... is... gay.

There. 4 word excerpt. Very accurate. No charge.


19 posted on 06/17/2008 12:52:43 PM PDT by rock_lobsta (Not Your Ordinary Crustacean.)
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To: Jim Robinson

They are taking a page from RIAA which tried to retroactively charge Internet radio stations for songs those stations played during the previous 6 months.


20 posted on 06/17/2008 12:55:38 PM PDT by TomGuy
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To: Jim Robinson

Ha! AP is in a hole and throwing dirt on itself, LOL.


21 posted on 06/17/2008 12:56:32 PM PDT by donna (Just trying to get by without shoving.)
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To: Jim Robinson

Is it ok if we just link to their stuff without quoting (and - of course, without fail - add the AsininePr*cks keyword?)


22 posted on 06/17/2008 12:56:54 PM PDT by agere_contra
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To: Jim Robinson

I don’t see how this can possibly pass First Amendment rights to free discussion of issues. If the AP puts information into the public domain, the public should have a right to address what it has said. How do you do that without quoting more than four words.

What the A.P. seems to want is a society where it and only it can desminate ‘truth’, and if anyone dares object, they deserve a fine based on how boldly they take it to task.

If you disagree with just one issue, you can’t even address it without breaking A.P.’s rules. And if you have issues with five or six things within an article (which isn’t all that infrequent), there’s no way you could address them without mentioning what A.P. said in the first place. Chaching! Chaching! Chaching!

You can’t even quote a headline that’s longer than four words.

Screw that nose. To hell with them. Papers pick up what they have published. We’ll address the issues from there.

Heaven only knows what this SCOTUS would rule on an issue like this, with their heads so firmly implanted.


23 posted on 06/17/2008 12:56:57 PM PDT by DoughtyOne ( I say no to the Hillary Clinton wing of the Republican party. Not now or ever, John McCain...)
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To: Jim Robinson

So, the AssPress doesn’t want us saying bad things about them, huh?


24 posted on 06/17/2008 12:59:07 PM PDT by SmithL (Look at Hillary's marriage, and tell me she won't settle for second place)
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To: Jim Robinson
Perhaps some homebrew artwork will enhance this fine thread.


25 posted on 06/17/2008 12:59:09 PM PDT by Petronski (Scripture & Tradition must be accepted & honored w/equal sentiments of devotion & reverence. CCC 82)
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To: Jim Robinson
From this link.....

AP tries gutting fair use

The AP's new policy also offers hefty rewards for people to rat each other out for violations.

Charming.

26 posted on 06/17/2008 12:59:51 PM PDT by mewzilla (In politics the middle way is none at all. John Adams)
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To: Jim Robinson

How ridiculous!


27 posted on 06/17/2008 1:00:26 PM PDT by Constitution Day
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To: DManA
Running as fast as I can to get away from you!


I always knew Jim Rob could do that...

28 posted on 06/17/2008 1:02:02 PM PDT by null and void (Bureaucracies are stupid. They grow larger by the square of their age and stupider by its cube.)
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To: DoughtyOne

We can have better threads posting what was left out of the AP report. That’s the part I always liked best anyway.


29 posted on 06/17/2008 1:10:30 PM PDT by donna (Just trying to get by without shoving.)
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To: Jim Robinson; potlatch; devolve; ntnychik; MeekOneGOP; Grampa Dave; gonzo; dixiechick2000; LucyT

30 posted on 06/17/2008 1:15:51 PM PDT by PhilDragoo (Hitlery: das Butch von Buchenvald)
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To: Jim Robinson

Is AP one word or two?

I can’t afford a $12.50 mistake.


31 posted on 06/17/2008 1:22:33 PM PDT by zeestephen
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To: zeestephen

http://www.ap.org/annual08/

AP Annual Meeting and Luncheon / April 14, 2008
Guest speakers were ....
.......wait for it .....
....yep thats right .... ! .....

John McCain and Barack Obama


32 posted on 06/17/2008 1:30:48 PM PDT by Liberty Valance (Keep a simple manner for a happy life)
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To: Jim Robinson

I don’t believe the Associated Press is due the respect of their initials “AP”.

I ALWAYS refer to them as the ASS Press.


33 posted on 06/17/2008 1:34:16 PM PDT by PRO 1 (POX on posters who's political bent causes them to refuse to be confused by the FACTS!!!!!!)
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To: Jim Robinson
My understanding of the "fair use" doctrine is that it is an exception to copyright protection that was established by Congress. Since that exception has been ruled as constitutional, it means the attempt to force a paid license on a mere five words by the AP is unconstitutional.

It is your site, JimRob, and I/we will abide your conditions. But as a frequent excerpter of AP stories on a different website (www.theacru.org), I'd suggest that the proper response is to stick it in the nose of the AP by continuing to make fair use quotations from articles.

Congressman Billybob

Latest article, "Gravity: Not Just a Good Idea, It's the Law"

34 posted on 06/17/2008 1:42:25 PM PDT by Congressman Billybob ( www.ArmorforCongress.com)
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To: Liberty Valance

http://pajamasmedia.com/blog/is-the-ap-good-for-america/

Our friends at PajamasMedia have similar questions ...

Is the Associated Press Good for America?


35 posted on 06/17/2008 1:48:49 PM PDT by Liberty Valance (Keep a simple manner for a happy life)
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To: DManA
Moderators need to take a look at this. ROFLMAO Fair Play. sarcasm
36 posted on 06/17/2008 1:50:55 PM PDT by Orange1998
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To: Jim Robinson

Hows about 5 cents for 1250 words.


37 posted on 06/17/2008 1:58:55 PM PDT by MARTIAL MONK (I'm waiting for the POP!)
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To: Liberty Valance

What rate of royalty does the AP pay to
those whose words and actions
the AP chronicles for its private gain ?


38 posted on 06/17/2008 1:59:26 PM PDT by Eleutherios
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To: All

39 posted on 06/17/2008 2:50:58 PM PDT by Earthdweller
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To: Jim Robinson

I want to write for them.

At those rates, I figure my poem “Before There Was Dirt” should net me $6000.

I guess I’d have to let the regular length ones go for a hundred apiece. That seems fair.


40 posted on 06/17/2008 3:07:33 PM PDT by NicknamedBob (The most important aspect of a life of moderation is knowing when you've had enough.)
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To: Jim Robinson

If I use the phrase “some say”, can they charge me since it was in one of their articles?


41 posted on 06/17/2008 4:59:37 PM PDT by glorgau
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To: Jim Robinson

This just needs a two word reply to them.


42 posted on 06/17/2008 5:05:32 PM PDT by ex-snook ("Above all things, truth beareth away the victory.")
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To: donna

LOL, good one Donna.


43 posted on 06/18/2008 12:10:12 AM PDT by DoughtyOne ( I say no to the Hillary Clinton wing of the Republican party. Not now or ever, John McCain...)
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To: PhilDragoo

$crew AP!

Who needs their liberal lies, spins and propaganda posing as news!


44 posted on 06/18/2008 9:28:53 AM PDT by Grampa Dave ( Kerry was a Uber Liberal, Hussein ObamaMessiaHamas makes Kerry look like Jesse Helms!)
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bttt


45 posted on 09/03/2008 2:43:54 AM PDT by markomalley (Extra ecclesiam nulla salus)
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