In a stunning demonstration of the power shift between traditional and mainstream press, the Associated Press announced that it will develop new policies for fair use of its content by non-members after bloggers responded to a takedown notice to one blogger with a boycott that spread like wildfire over the weekend.
Here's how it happened. On June 10, AP sent a takedown request to Rogers Cadenhead, editor of the Drudge Retort alleging that Cadenhead's links to seven AP stories constituted copyright infringement. Cadenhead explains:
An AP attorney filed six Digital Millenium Copyright Act takedown requests this week demanding the removal of blog entries and another for a user comment.
The Retort is a community site comparable in function to Digg, Reddit and Mixx. The 8,500 users of the site contribute blog entries of their own authorship and links to interesting news articles on the web, which appear immediately on the site. None of the six entries challenged by AP, which include two that I posted myself, contains the full text of an AP story or anything close to it. They reproduce short excerpts of the articles -- ranging in length from 33 to 79 words -- and five of the six have a user-created headline.
Liza Sabater at Culturekitchen tells what happened next:
Rogers sent an email to mailing list in which about 150 of the top progressive and liberal in the country. Some of us commented to Rogers' plight with both replies to his email and a blog post. One of the people in the list, Cernig of Newshogger, exasperated wrote back that it was time to boycott them. That prompted Richard Kastelein of Atlantic Free Press to create a website, unAssociated Press, that would be the focus of the boycott along with buttons and banners to spread the news on all our sites.

What's more remarkable is that boycott participants run the gamut from heavily-frequented sites such as Jeff Jarvis' Buzzmachine and Tech Crunch to a host of sites of varied political persuasions and traffic stats.
In today's New York Times, AP execs admitted they had been "heavy-handed" and said they would be meeting with representatives of the Media Bloggers Association to set fair use guidelines for bloggers. The "fair use" doctrine allows the appropriation of small portions of a copyrighted work for such purposes as review and comment. One of the challenges of the current digital age is that definitions of fair use have become increasingly murky and contested. MBA is a non-partisan organization that descibes its mission as "promoting, protecting and educating its members. It has negotiated access for bloggers unaffilated with news organizations to venues such as the federal courts and presidential debates.
But Cernig at NewsHogg says the AP's mea culpa is really just "spin:"
[N]othing has actually changed on the ground - the ridiculous DMCA takedowns for excerpts of 40 to 70 words that began the whole affair are still in force.
Libby at The Impolitic thinks this whole mess has hurt AP more than it hurts bloggers:
Frankly, I think content quality has already improved with people sourcing from the smaller services that write better stories. For myself, I'm going to be avoiding AP from now on, even if they do back off.
One of the ironies of this entire dispute is that AP is a cooperative that pools and shares content by members, in addition to the content it generates for its subscribers. In other words, even though it was created when the telegraph was the high-tech means of news distribution, it functions in ways that are analogous to sites such as Drudge Retort and even group blog sites such as BlogHer. Not only that, but in the 19th century, the AP fought it's own version of the net neutrality battle -- it had to fight Western Union for the right to have its own telegraph wires. Now, as AP sees its business model threatened by the rise of social media, it is flailing to find ways of ensuring its survival.
Culture critics such as Liza Sabater and Henry Jenkins are absolutely right that that the appropriation and recontextualizing essential to today's remix culture have always existed, it's also true that until now, those who provided the means of production of that art have, until now, had the ability to control the commercial use of their intellectual product. It will take a while before we really understand the full implications of this moment, but the dance between the AP and the bloggers who have taken them on could point the way to the future.
Comments
Thanks for covering the boycott
We can always use more press coverage.
Reno and Its Discontents
“Soon Myrna’s brutal social manner had driven my courtiers from the table and we were left alone, all cold coffee and hot words.”
Ignatius J. Reilly A Confederacy of Dunces, p.161
But what about the linking?
Some bloggers abuse copyright, yes. As a writer who wants to paid for her work, I never take kindly to finding out someone has lifted in its entirety something I wrote and pasted it elsewhere and has done so without seeking my permission.
Recently on a job assignment, I got into a debate with a young man who thought all information is free, and in this day of the Net, writers shouldn't expect to have their work protected. "How did he expect writers to make a living?" I aruged.
So, I sympathize with the AP's complaints. People paying for its stories is an income stream. Changes in the news media industry due to the Internet is hurting business the same way this digital age has hurt the record industry. Nevertheless, I think the AP went overboard with the type of material they wanted some bloggers to remove, which was headlines and snippets.
Furthermore, I 've heard that the AP's come down on folks for linking to AP stories. That really seems like dinosaur thinking to me. The Internet is based on links. So, what's the linking objection about and does it have anything to do with the AP's deal with Google?
The bloggers boycott seems nutty to me also. If the AP doesn't want bloggers linking to AP stories or quoting AP stories, then wouldn't a boycott only give the AP what it wants, no links, no copying any part of its stories? And does the AP need bloggers? It makes its money from mainstream media outlets, right?
Perhaps the AP's real goal is to have bloggers who want to quote more than 10 words or some other amount of words pay a small fee.
Based on your post and what I've read elsewhere, it sounds like AP wants to clarify what constitutes copyright infringement to them. So, perhaps bloggers threatening a boycott rattled the AP from a public relations standpoint. I hope this institution sets reasonable guidelines, and I also hope this disagreement causes the blogosphere to discuss copyright issues in a way that educates everyone about the right way and the wrong way to reference the works of others.
Nordette Adams is a Contributing Editor with BlogHer.com whose personal blog is at this link.
All good questions
I've been in meetings with some AP managers, although not on this issue. I won't attempt to explain their thinking, but I do know that they are trying to wrap their minds around this brave new world. I am hopeful the the Media Bloggers discussions will help them along.
Kim
BlogHer Contributing Editor|Professor Kim|
You MUST read this
Teresa Nielsen Hayden over at Making Light has a very long, awesome entry on the "Media Bloggers Association" and the shenanigans the AP is pulling.
In short, MBA is a one-man operation run by an egomaniac and for the AP to negotiate with this "group" just shows how much of a spin job it is.
http://nielsenhayden.com/makinglight/archives/010354.html
http://backpackingdad.blogspot.com
Including, in the comments
little posts from the one-man-show himself.
http://nielsenhayden.com/makinglight/archives/010354.html
http://backpackingdad.blogspot.com