AP claims ‘fair use’ over the scanning of Sarah Palin’s book
The Associated Press has essentially claimed there is no such thing as ‘fair use’ when it comes to quoting its articles or reprinting its headlines, but when the news organization scans an entire book, then fair use does indeed exist.
Bloggers and news aggregation sites such as Google News have felt the wrath of the Associated Press (AP) for some time now for quoting headlines from the news agency or any portion of its articles. The AP has gone so far as to suggest it would start billing bloggers per quoted word for anything pulled from its articles. While both headlines and small quotes from articles are well protected under the fair use doctrine in copyright law, the AP has essentially ignored the concept with its actions.
Well, it would seem that the AP is all for fair use … when it applies to them.
Talking Points Memo got a look at a weekly internal AP newsletter that details how two AP reporters managed to buy a copy of Sarah Palin’s book Going Rogue five days before its release date. The AP staff then ripped the book from its spine and set about scanning the book so that twelve reporters could share the copy and begin fact checking it.
The problem is not with the fact that the AP did this, the problem is with the fact that it is being so hypocritical. No matter how you slice it, the AP copied a book (without permission), distributed it (without permission) and now stands up to say it was all done under fair use. Unfortunatly the AP is technically correct on everything that is being said in regards to its use of the book, but, in the meantime, enemies have been made all across the blogosphere because we are not allowed to quote AP stories without possibly being charged for doing so.
Quoting has always been, and always will be, an essential part of journalism. So long as credit is given, it clearly falls under the fair use clause, and the AP would be well served to remember this. If it can claim fair use, why can’t the rest of us? The problem is that the AP would lose if a blogger was ever taken to court over not paying for using a quote, but does anyone really want to be the test case for that?
The AP needs to remember what is good for the goose is also good for the gander. Copy all the books you want in the name of journalism, but stop threatening bloggers for using quotes if it is also in the name of journalism.
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