AP Sues Others For Copying Its Reporting, But Has No Problem Copying Bloggers Without Citation

from the can't-admit-the-bloggers-beat-you dept

Wed, Jun 2nd 2010 8:41am — Mike Masnick

You may have seen the story we recently had about a woman suing Google after she got hit by a car while following Google Maps' walking directions. In that post, we linked back to Danny Sullivan's post about this story at Search Engine Land (where he noted that Gary Price had tipped him off to the news). In our post, we recommended people read Danny's full writeup, highlighted some of the points he made and added a bit of our own analysis. Of course, it's a hot story, and so lots of other publications wrote up their own versions of it as well, and Danny is now pointing out that the vast majority of mainstream publications did not credit him at all with breaking the story -- some of whom even used the images that Sullivan created in their own stories without credit.

Of course, the one I find most interesting is the Associated Press. The story published by the AP basically repeats a lot of what Danny put in his report, but fails to mention that Danny had the story first, and did a lot of the journalistic legwork in understanding what the story was about. Now, I've gone over this issue before in the past: and I don't see any legal reason why others should be required to cite their sources, but do believe it's the neighborly thing to do, and tends to lead to goodwill back in your direction as well.

But, when we're talking about the AP, this is an organization that has sent DMCA notices and threatened a blogger with legal action for linking to AP stories along with a headline and a short (35 word) excerpt. This is the organization that has claimed it was planning to sue others for creating similar stories and specifically sued All Headline News for supposedly rewriting its stories. This is also the same AP that thinks it gets to define fair use, and that means that any use of 5 words or more is not fair use. This is the same AP that claims that creating an entirely new artistic work based on an AP photograph is, in no way, fair use.

Yet, this AP has no problem making use of Danny's original reporting, without even so much as giving him credit?

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Filed Under: bloggers, copying, hot news, journalists
Companies: associated press

21 Comments

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weneedhelp (profile), 2 Jun 2010 @ 8:54am

some of whom even used the images that Sullivan created
Then he needs to sue as well.
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Anonymous Coward, 2 Jun 2010 @ 8:55am

Jumping through hoops like citation and actual journalism are for puny, feeble bloggers. Members of the press hand down their opinion as natural law and we should accept their gifts.
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vastrightwing, 2 Jun 2010 @ 8:58am

Just a question
So what happens when the AP copies Danny's story and its crawlers spot the original article and then sends him a take down notice?
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weneedhelp (profile), 2 Jun 2010 @ 8:59am

Yet, this AP has no problem making use of Danny's original reporting, without even so much as giving him credit?
Then that would validate him as a journalist, and we cant have that now; can we? Silly insignificant little blogger. Shut up and like it.
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Imitation Tam, 2 Jun 2010 @ 9:00am

There must be more to this story.
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Anonymous Coward, 2 Jun 2010 @ 9:02am

Re: some of whom even used the images that Sullivan created
Where is his team of lawyers? Suing is only for those who have teams of lawyers.
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Anonymous Coward, 2 Jun 2010 @ 9:04am

So if he is really in the right, why not blow this thing wide open. Provide proof and feed the AP to the rest of the media. I mean, telling TechDirt is one thing, but why not go everywhere.

Also, would the EFF take the case?
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Anonymous Coward, 2 Jun 2010 @ 9:05am

Hey Trust Fund Mikey,
So ya movin' into Journalism now! Swaaaeet! What made you change from being a blogger to someone who can comment on "Journalism"?

Runnin' out of monay?
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Anonymous Coward, 2 Jun 2010 @ 9:16am

Re:
It's already going everywhere on the blogosophere pretty much. What do you mean blow it wide open, it's been blown wide open and the proof is already there, what more proof do you want? as far as taking the case, I don't think the EFF likes to sue people, they mostly serve defendants of bogus lawsuits, and I don't think anyone is saying that the AP should get sued, just that they're hypocrites.
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Anonymous Coward, 2 Jun 2010 @ 9:17am

Re: Hey Trust Fund Mikey,
What? Who said that MM is moving to journalism? Commenting on journalism != journalism. Where did you get that idea?

Oh I get it, you're either TAM or you're impersonating TAM to make fun of him. Nice.
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Free Capitalist (profile), 2 Jun 2010 @ 9:18am

Re: Hey Trust Fund Mikey,
So ya movin' into Journalism now! Swaaaeet! What made you change from being a blogger to someone who can comment on "Journalism"?

Runnin' out of monay?

It's true. We can create mass from energy.

Drugs are still bad.
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Donald (profile), 2 Jun 2010 @ 9:25am

Time to Push AP
So, if Danny quotes the AP story and provides a link to AP, do you think he would be contacted and threatened?
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The YangCo Happy Bot Co, 2 Jun 2010 @ 9:32am

Re: Re: Hey Trust Fund Mikey,
Hi Master! This reprogrammable "YangCo Bot". Why settle for stuffy conversation when you have Big YangCo!

To learn more about pricing and features, including the famous "Anonymous Coward" posting feature, visit online at YangCo.com
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interval, 2 Jun 2010 @ 9:36am

Re:
I keep hoping for a sort-of legal Armageddon where all sides fire off all of their lawyers at once creating some sort of situation that goes to the supreme court where this crap is decided once and for all. But I think my wait is in vain.
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Anonymous Coward, 2 Jun 2010 @ 9:43am

Re: Re: Re: Hey Trust Fund Mikey,
It's funny how a bot can destroy you in a debate. Just shows how poor your position is.
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Anonymous Coward, 2 Jun 2010 @ 9:43am

Re: Time to Push AP
He should do that because then it would bring more attention to what the AP did to scam Danny.
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John Doe, 2 Jun 2010 @ 9:46am

They better hope Hot News doesn't get enacted
The AP and other fine journalistic institutions better hope the Hot News idea doesn't catch on or they will be paying through the nose for cases like this.
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Technopolitical (profile), 2 Jun 2010 @ 10:48am

Then he needs to sue as well.
I would pay (wall) , to see that !
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Technopolitical (profile), 2 Jun 2010 @ 10:49am

Re: Re:I keep hoping for a sort-of legal Armageddon where all sides fire off all of their lawyers at once creating some sort of situation that goes to the supreme court where this crap is decided once and for all. But I think my wait is in vain.
soon. keep your fingers crossed
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Beta, 2 Jun 2010 @ 10:51am

Re: They better hope Hot News doesn't get enacted
I'm sure they're smart enough to carve themselves loopholes in it before it becomes law, probably by defining "news agency" in the fine print.

Come to think of it, how would they define a news agency? Maybe a combination of circulation, number of years in business, tons of newsprint and height of office building? They'd want to include some radio stations but exclude college newspapers, without coming out and saying it... Man, being a lawyer must be hard.
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dzent1, 2 Jun 2010 @ 11:27pm

Associated Pressure
The industry wonders why it's tanking? Media wonders why their industry is going to h*ll? Why nobody buys their product anymore? Why they've lost credibility in every quarter of the nation no matter the political persuasion?

Try telling the truth. Try telling the whole story. Try doing good for the human race, instead of championing corporate greed.

Did you think all your bullshit would go unnoticed, AP, in the era of the internet, when EVERYTHING can be fact-and source-checked in nothing flat?
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