You might not have noticed this happening over the last few years, but so-called "old media" or "Mainstream Media / MSM" (which is a total misnomer) is struggling against New Media (bloggers, online journalists and probably people like you). The Old Media fear dilution of their value by the hoards of online authors taking snippets or even entire articles and using them in derivative articles on third party sites. As is often true, there is SOME basis for their concern. Any "author" who uses significant pieces of another's work to serve their own purposes without providing a reasonable benefit to the source is essentially "stealing" value. HOWEVER, what constitutes value to the source is up for debate. A balance of "Fair Use" with reasonable attribution rather than excessive fees and blocking seems to make the most sense and serves society best. In fact, the wise new media company will eagerly promote the use of their work with appropriate attribution and link-back to build and maintain their audience reach. Sometimes this debate is downright humorous. That's what prompted me to share it with you. Exhibit A: WOOT & TechCrunch vs. AP

Fair Use
Authors often depend on the concept of "Fair Use" to use portions of another author's work upon which to frame their own thoughts. For years, there has been a dance happening where some sites are comprised entirely of content from other source content creators and others use small portions of work to create new, complementary content. Source content creators have sometimes embraced and at other times chafed at this behavior. The smartest have benefited greatly by using this ecosystem to build or retain audience. After all, the intelligent reader will follow links to the orginal source to understand context. The NYT describes "Fair Use" as follows:
...vague doctrine of "fair use," which holds that copyright owners cannot ban others from using small bits of their works under some circumstances. For example, a book reviewer is allowed to quote passages from the work without permission from the publisher.
This summer, the AP decided to take a stand. The NYT describes how this story began in "The Associated Press to Set Guidelines for Using Its Articles in Blogs", when the AP sought to set pricing for use of even small parts of AP articles with this form. The AP went after several sites to make their point in what AP's vice president and strategy director now calls a "heavy-handed" approach, but only after the bloggers dusted up the issue online.
Woot! Woot! - The Virtual Food Fight
Woot!, an online bargain site that created the "one deal a day" category, showed it's irreverence of Old Media when it took a poke at the AP for quoting content from Woot!'s site without payment. Apparently Woot! had used the AP's form to calculate that the AP should have paid Woot! $17.50 as covered in this article by TechCrunch "Woot To The AP: Nice Story About Our Sale — You Now Owe Us $17.50". The AP took notice of TechCrunch's article and decided to fire off an email to TechCrunch AND Woot!. Ahhh, a virtual food fight has now started in public. TechCrunch chronicles what happened in "AP Not Amused By The Woot Story, Tries To Play The Oil Spill Card".
Bottom Line
"Fair Use" is a serious and important topic. With content virtualized and omnipresent, the rules for how it can be shared and leveraged must be clear and reasonable. Reasonable - derivative work should add clear, additional value or use very little of the prior work. Cases that seem appropriate to me include:
- 1-2 sentences used to spawn a related story much larger than the quote. The quote should have its source clearly stated and a link back to the source.
- Title link only (e.g. Drudge Report) - almost no content used
Value to the source content creator is attribution and a link to source.
Clear - As long as the "Fair Use" laws/rules are unclear, authors will not know where the "line" is drawn and litigation will follow.
Is there a "Safe Harbor"?
In a somewhat related case, Google vs. Viacom, Viacom sued Google over copyright infringement due to copywritten content posted on YouTube without Viacom permission. YouTube's early success depended on the concept of "Safe Harbor". If we don't actively screen content, then how can we know that something infringes and be obligated to remove it? Viacom's basic claim is that YouTube knew that copyright infringement was rampant and therefore needed to be more proactive in enforcement, or something like that. Google won, or did they? The Daily Beast talks about the case and what's next in "Google vs. Viacom: Who Will Come Out on Top?"
I believe that NBC's original outrage over SNL clips being posted on YouTube actually gave YouTube its "street cred" and catalyzed its early explosive growth in the first place. Now YouTube has become a well-used promotional vehicle and "Old Media" content providers have been forced to get more creative to maintain their core audiences. That is the subject of another article...