More support for changing copyright law to help newspapers
Filed under: Media
A push to tweak existing copyright laws to help newspapers profit from the content they produce has attracted some very vocal opposition in a short span of time, but the idea continues to gain currency nevertheless. Jason Klein, president and CEO of the National Newspaper Network, says he supports a rethinking of the current copyright regime, although he stops short of endorsing one suggested blueprint for accomplishing it."Part of the challenge around investment in quality, original investigative journalism is that it gets ripped off so quickly without attribution," said Klein, speaking from the stage this morning at a panel discussion on the future of media hosted by Gotham Media Ventures. "Google picks it up and profits from it. Other entities rewrite stories very quickly. And all the copyright laws were written in an era before the internet emerged and this was a real trend.
"I'm not an intellectual property attorney but it certainly seems to me that this is a very good time to revisit the copyright protection that newspapers get for original journalism in this era," Klein added. "It's time this gets looked at much more carefully."
The National Newspaper Network is a marketing partnership between the Newspaper Association of America and numerous newspaper publishers; partner companies include The New York Times Co., Hearst, Tribune, MediaNews Group, Gannett and Advance, among many others.
After the panel discussion concluded, I asked Klein whether his remarks mean that NNN or NAA plan to get behind the proposal put forth by brothers David and Daniel Marburger, a First Amendment lawyer and an economics professor. Their plan would limit the ability of "parasitic aggregators" to summarize and link to news stories. Klein declined to comment specifically on the Marburger plan, saying he wasn't familiar enough with its details.
"But in the case of newspaper content," he said, "once it gets put out there, at the moment, almost anyone can pick it up and do almost anything they want with it with very little restriction. And, while that might've made sense in an [earlier] era, and it's certainly defended by the First Amendment in some arenas, I think people have to look at whether it's gone too far."
"Look, it's certainly a delicate topic because who wants to invite more government regulation in any realm?" he added. "But I think there's a growing chorus saying it's time to reevaluate this."



























Reader Comments (Page 1 of 1)
7-08-2009 @ 2:10PM
Vin Crosbie said...
Please don't make me laugh. Copyright isn't the problem.More than ten years ago, those newspaper began putting their content online intentionally so that people and search engines could link and aggregate it. That was the newspapers' stated purpose doing so. They knew that this was the Web’s very purpose; they knew that the Web was invented for that purpose. The copyright laws were perfectly acceptable to them then.
If they now don't want people or search engines to hyperlink, cite, and aggregate their content, simply take it offline. If the newspapers think their business plans to use an online medium designed for hyperlinkage and aggregation of content isn’t benefiting them, they can shut down their Web site. In the years since newspapers first put their content on the Web, there has been no difference in how people and search engines us it. The only difference is that newspaper companies have failed to us it well.
The problem is that the newspapers are still clinging to Industrial Era business models: the same but now outdated business models that they've been using for centuries. The copyright laws, which were perfectly acceptable to them ten years ago, aren't why their businesses are now failing.
They need to stop clamoring for protectionism, subsidies, or legal adjustment that favor them, and instead study and follow how publishers and broadcasters in Europe and Asia, and even in North America, have utilized the Web quite profitably. Better yet, study how the companies they're whining about have readily adopted the new and more efficient business models, captured consumer markets, and are reaping handsome profits. Some newspapers may still have time to adapt.
- Prof. Vin Crosbie, now teaching New Media Business at S.I. Newhouse School of Public Communications, Syracuse University, after 30 years in the daily newspaper business.
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7-08-2009 @ 4:37PM
The Hey Hey said...
"instead study and follow how publishers and broadcasters in Europe and Asia, and even in North America, have utilized the Web quite profitably."
Er, sorry, but the only ones making a profit are the ones rampantly 'aggregating' other peoples' content!
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7-08-2009 @ 6:17PM
The Digitalists said...
Who are you referring to, exactly? Google makes money, but not off of Google News (which, BTW, links directly to the original source). What other aggregators? Newser? Huffington Post? Believe me, those companies would die to have revenues that were a tenth of what the NY Times is pulling in.
7-08-2009 @ 3:54PM
Mim Song said...
Newspapers are in trouble because they fancied themselves big business movers and shakers. They leveraged themselves too much, instead of keeping the focus on the quality of their product. If they fell back in love with journalism instead of the corporate-wide bottom line, their readers would fall back in love with them. But our affections, long abused, have moved on.
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7-08-2009 @ 4:36PM
Me said...
Websites will stop linking to newspapers that sue. This will cause fewer hits to the newspapers' websites. This will cause the value of the newspapers' websites to fall. This will surely make the ad sales department happy.
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7-08-2009 @ 4:41PM
Richard Shindledecker said...
I moved to NYC in 1972 and became a loyal NY Times subscriber. I stopped subscribing about a decade ago and don't even look at it on the internet often. It's been sad watching places like the Times and Wapo try to beat each other to the bottom of the journalistic barrel but that's what has happend. Real journalism has moved to outfits like Salon and Huffington where full stories get covered and the reported isn't afraid to call BS what it is.
Why would anyone spend money on Tripe?
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7-09-2009 @ 3:19AM
froodish said...
"once it gets put out there..."
Maybe I'm missing something here, but don't the newspapers have control over that part? If that's what newspapers feel is the crux of the issue, then there's a _real_ easy solution: don't "put it out there".
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7-08-2009 @ 5:54PM
uptown said...
"Google picks it up..."
Last time I looked all you had to do was put a flag in a exclusion file to stop search engines like google accessing your site. Here's a link to '6 methods to control what and how your content appears in search engines'
www.antezeta.com/blog/avoid-search-engine-indexing
But of course that's not what these folks want. They want a bigger slice of the google pie.
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7-09-2009 @ 9:09AM
Vin Crosbie said...
Thanks, Hey Hey, but do your research before you posting.
Many newspapers, such as those owned by Shibsted in Scandinavia or those own by Prisacom in Spain, anare doing very quite with their Web sites. Try Harvard Business School's case study of Shibsted mastery of New Media as a primer http://bit.ly/3OLkHp .
Shibstead will likely make half of its gross revenues this year from newspaper Web sites and, unlike most newspapers here, that's not because its printed editions are failing. That's new revenue.
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7-09-2009 @ 9:09AM
mfwesq said...
The "change" to copyright law that they are talking about has nothing to do with copyright, which covers expression, but instead is something like a patent on facts. If you parse what Klein and others are saying, it's not that anyone (significant) is outright copying their articles, but that bloggers and others are re-reporting the facts that are contained in the articles. That is perfectly legal. The newspapers would like to make it illegal. Essentially, they would own the facts for some period of time.
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7-10-2009 @ 2:53AM
John said...
If they're going to expand copyright protection for newspapers, it should also include blogs, Twitters, videos, etc., that journalists are exploiting for their product.
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