EFF amicus brief urges protection for news search engine

Image representing Associated Press as depicte...

Image via CrunchBase

AP argues for dangerously narrow view of ‘fair use’ in battle over news-tracking service

San Francisco – The Electronic Frontier Foundation has urged a federal judge today to protect fair use of news coverage and reject the Associated Press’ (AP’s) dangerously narrow view of what is “transformative” in a copyright court battle over a news-tracking service.

In Associated Press v. Meltwater, AP claims its copyrights are infringed when Meltwater, an electronic news clipping service, includes excerpts of AP stories in search results for its clients seeking reports of news coverage based on particular keywords. In its argument, AP asks the court to accept an extraordinarily narrow view of fair use – the doctrine that allows for the use of copyrighted material for purposes of commentary, criticism, or other transformative uses – by claiming that Meltwater’s use of copyrighted excerpts cannot be “transformative” fair use unless they are also “expressive.” In an amicus brief filed today, EFF argues that AP’s theory would restrict the use and development of services that allow users to find, organize, and share public information.

“There are lots of examples of important fair uses that wouldn’t fit under AP’s cramped definition of a ‘transformative’ use,” said EFF Senior Staff Attorney Kurt Opsahl. “Time-shifting – like what you do when you record something on your DVR to watch later – isn’t ‘expressive,’ but courts have found it a clear fair use. Because fair use plays such an essential role in facilitating online innovation and expression, we’re asking the court to follow the law and reject this flawed theory from AP.”

The Stanford Fair Use Project served as counsel for EFF in filing today’s brief, which was also joined by Public Knowledge.

For the full amicus brief: https://www.eff.org/document/amicus-brief-14


Advertisements

Leave a comment

Filed under ENG - Electronic News-Gathering, Enterprise Content Management, Enterprise Search, Industry News, Reporting, Search

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s