What usage of "original news" is permitted without liability for copyright infringement? This is an interesting question of copyright law in the Internet age that has come the forefront in new legislative developments in Germany.
Traditionally, one uses online snippets of news and other quotes from online news publications without paying the original news publisher any copyright royalties for such a use. We do this all the time on our blogs, linking of course to the original story, not only for purposes of attribution, but also to give the reader the opportunity to read the entire article that is referenced in a snippet. In doing so, we think we do news publishers a service by drawing new readers to them. As a blog, we certainly take no readers away from them.
However, in a new development whose full extent is uncertain, a new web copyright law in draft in Germany finds that German Lawmakers Propose Charging Fees to Aggregators Like Google.
According to the bill proposed in Germany, news aggregators and sites like Google News would have to pay original news publishers royalties for snippets taken from their publications.
Similarly, there is also a Google main menu "News" option for keyword search. Would that also be affected? Just what degree of "news use" is permitted without liability for copyright infringement?
Web activists and freedom of speech advocates have raised an outcry over the proposed German legislation, but we find it logical that publishers of original new material should obtain fees for substantial commercial use by news aggregator sites, whose pages are not only popular (taking readers away from original news publishers) but also take in considerable advertising revenue, revenue not shared with original news publishers.
Obviously, if publishers of original materials are not compensated, there may come a day down the road when there are few or no original news publishers left, since they will be unable to finance their operations adequately as news providers, as aggregators pull in all the revenues.
From the standpoint of copyright law, there is nothing wrong with having news aggregators and other online services having to pay a fee to original news publishers if such third parties use that original material to make a profit.
That has always been a standard approach to copyrights.
Of course, one must take care to insure by law that the use of news snippets by primarily non-profit sites such as blogs remains free of charge, otherwise there would indeed be an unanswerable chilling of freedom of speech.
Consider also the reverse situation of an original news publisher who uses snippets of text from original material posted to a blog. Should such a news publisher have to pay the blogger a token royalty? Absolutely!
As a practical matter, however, keeping track of specific use on a case by case basis would be a nightmare, and determining the amount of royalties per instance of use equally so, since any one newspaper article, news snippet, blog posting or text snippet citation is only a "very small item" in terms of its miniscule financial value to anyone.
Perhaps the solution is a blanket annual fee to be paid by news aggregators to the original news publishers whose publications they snippet for profit.
Most Popular Posts All Time
- Fourth European Forum for In-House Counsel : 23-24 April 2009 Brussels : Academy of European Law : European Company Lawyers Association (ECLA/AEJE)
- 2010 Eurovision Song Contest, Oslo, Norway: Geographic Map of Finalists Reveals Clear Pattern : plus Betting Odds and Comments Going into the Finals
- Google Nexus 7 Tablet First Device With Android 4.1 aka Jelly Bean Built by Asus to Sell for $199 (8GB) or $249 (16GB) - Video
- Germany in the News: Is the German Image Shown by the Press during the Financial Crisis Accurate? 180th Edition of Blawg Review Reposted Here Shows German Americans are the LARGEST Acknowledged Ancestry Group in America
- A Europe of Open Borders as Schengen Zone Expands
- CarTrawler : An Alleged Car Rental Service to AVOID : CarTrawler is NOT a Full Car Rental Company and Potentially a Scam Costing YOUR money : Updated!
- The Court of Justice of the European Union (ECJ): The Court of Justice and the General Court plus the Specialized Panels: Getting the Names Right after the Lisbon Treaty
- GDP Growth in the EU : Latvia Leads the European Union (EU) in the Dynamics of Economies of the Member States
- Update to Previous CarTrawler Posting
- E-Privacy Directive Regulations Bring New Cookie Rules to the European Union Effective May 25, 2011
The ISandIS Network
Our Websites and Blogs: 99 is not 100 Aabecis AK Photo Blog Alpha Pundit Ancient Civilizations Ancient Egypt Weblog Ancient World Blog AndisKaulins.com Andis Kaulins Blog Archaeology Travel Photos (blog) Archaeology Travel Photos (Flickr) ArchaeologyTravelPhotos.com Archaeology Websearch Archaeo Pundit Arts and Sciences Journal Arts Pundit Astrology and Birth Baltic Coachman Bible Pundit Biotechnology Pundit Blogacus Bloggers' Pundit Book Pundit Chronology of the Ancient World CiteULike Civilization Pundit Computer Pundit deli.cio.us (akaulins) DocStoc (AKaulins) DVD Pundit Earn a Ton EarnATon blog Easter Island Script Echolat edu.edu Einstein's Voice Energy Environment and Climate Blog Etruscan Bronze Liver of Piacenza EU Laws EU Legal EU Pundit FaceBook Pundit Figures in Stone Gadget Pundit Garden Pundit getCITED Golf Pundit Google Pundit Gourmet Pundit Hand Proof House Pundit Human Migrations Idea Pundit Illyrian Language Indus Valley Script Infinity One : The Secret of the First Disk (the game) Isandis (blogspot) Isandis.net Isandis Net (blogspot) Isandis Network (blogspot) Jostandis Journal Pundit Kaulins Genealogy Blog Kaulinsium (WordPress) Kiel & Kieler Latvian Blog LawPundit.com LawPundit (blog I) Law Pundit (blog II) Learn a Ton LearnATon blog LexiLine.com LexiLine Group Lexiline Journal Library Pundit Life's Laws and Rules Lingwhizt LinkedIn Literary Pundit Magnifichess Make it Music Maps and Cartography Megalithic Wiki at Wikia.com (Andis Kaulins, founder) Megalithic World Megaliths (blog) Megaliths.net Minoan Culture Multiply Mutatis Mutandis Mysticeti Nanotech Pundit Nostratic Languages Official Pundit Orcim T. Fos Phaistos Disc Pharaonic Hieroglyphs Photo Blog of the World Plaxo Posterous Predynastic Egyptians Prehistoric Art Pundit Private Wealth Blog PunditMania Quanticalian Quick to Travel Quill Pundit Road Pundit Scribd (Andis Kaulins) Shelfari SlideShare (akaulins) Sport Pundit Star Pundit Stars Stones and Scholars (blog) Stars Stones and Scholars (book) Stars Stones and Scholars (website) Stonehenge Pundit Techinax The Enchanted Glass Twitter Pundit UbiquitousPundit Vision of Change VoicePundit WatchPundit Waverful Wine Pundit Word Pundit Writely xistmz YahooPundit zistmz