Comments on: Gawker and The Washington Post: A case study in fair use http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/ A collaborative effort to figure out the future of journalism. A project of Harvard University. Sun, 12 Feb 2012 17:39:00 -0500 hourly 1 http://wordpress.org/?v=3.3.1 By: All The News — storage/backup-cyberlaw | humanӘpopcorn http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-276844 All The News — storage/backup-cyberlaw | humanӘpopcorn Fri, 20 May 2011 16:30:44 +0000 http://www.niemanlab.org/?p=7097#comment-276844 [...] [4] http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/ [...] [...] [4] http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/ [...]

]]> By: Fair Use, Excerpting, and Copying Content in the Internet Ecosystem | Benjamin J. Balter http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-272980 Fair Use, Excerpting, and Copying Content in the Internet Ecosystem | Benjamin J. Balter Wed, 27 Apr 2011 15:50:40 +0000 http://www.niemanlab.org/?p=7097#comment-272980 [...] laissez-faire Internet ecosystem of liberal excerpting is often at odds with both traditional media and the law, but the bigger concerns for aspiring bloggers should be contributing to an ongoing [...] [...] laissez-faire Internet ecosystem of liberal excerpting is often at odds with both traditional media and the law, but the bigger concerns for aspiring bloggers should be contributing to an ongoing [...]

]]> By: Guest Post: The Reason Why You Should Become Acquainted With Fair Use - PRNewser http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-263928 Guest Post: The Reason Why You Should Become Acquainted With Fair Use - PRNewser Thu, 03 Mar 2011 17:07:35 +0000 http://www.niemanlab.org/?p=7097#comment-263928 [...] Occasionally, this tension leads to a virtual content tug-of-war. A couple years ago, media blog Gawker and The Washington Post had a public spat to this effect, which the Neiman Journalism Lab helpfully summarized. [...] [...] Occasionally, this tension leads to a virtual content tug-of-war. A couple years ago, media blog Gawker and The Washington Post had a public spat to this effect, which the Neiman Journalism Lab helpfully summarized. [...]

]]> By: Bloggasm » The ethics of repackaging news http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-127452 Bloggasm » The ethics of repackaging news Tue, 15 Jun 2010 16:45:19 +0000 http://www.niemanlab.org/?p=7097#comment-127452 [...] so it can be difficult to really judge the value of the blog’s post. Nieman Journalism Lab attempts to play with numbers to see who benefited most from the Gawker post: Words in Post article: 1,527 Words from Post [...] [...] so it can be difficult to really judge the value of the blog’s post. Nieman Journalism Lab attempts to play with numbers to see who benefited most from the Gawker post: Words in Post article: 1,527 Words from Post [...]

]]> By: Gawker, el Washington Post y el fin del periodismo http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-117244 Gawker, el Washington Post y el fin del periodismo Wed, 26 May 2010 19:55:51 +0000 http://www.niemanlab.org/?p=7097#comment-117244 [...] a la fuente tres veces en el post y la cita por su nombre pero que esto no parece suficiente. En Nieman Journalism Lab hacen un resumen de los datos: cuántas palabras tenía cada artículo, cuántas coinciden, el [...] [...] a la fuente tres veces en el post y la cita por su nombre pero que esto no parece suficiente. En Nieman Journalism Lab hacen un resumen de los datos: cuántas palabras tenía cada artículo, cuántas coinciden, el [...]

]]> By: Ripped Off News? Or Spreading The News? http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-80286 Ripped Off News? Or Spreading The News? Mon, 22 Feb 2010 13:55:42 +0000 http://www.niemanlab.org/?p=7097#comment-80286 [...] less likely anyone will ever write about one of your stories again. This isn't even an issue about fair use, as some are suggesting. It's an issue about common sense. If you have a story, you'd better want [...] [...] less likely anyone will ever write about one of your stories again. This isn't even an issue about fair use, as some are suggesting. It's an issue about common sense. If you have a story, you'd better want [...]

]]> By: Fair use on the Internet « Streeter Hill http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-38810 Fair use on the Internet « Streeter Hill Wed, 30 Sep 2009 22:31:47 +0000 http://www.niemanlab.org/?p=7097#comment-38810 [...] angry writers who had been ripped off rant until I came across an article by Zachary Seward, of the Neiman Journalism lab.  It is a short piece that looks at the same example and I feel it captures my beliefs on the [...] [...] angry writers who had been ripped off rant until I came across an article by Zachary Seward, of the Neiman Journalism lab.  It is a short piece that looks at the same example and I feel it captures my beliefs on the [...]

]]> By: In defense of bullet points » Nieman Journalism Lab http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-29930 In defense of bullet points » Nieman Journalism Lab Fri, 28 Aug 2009 20:45:46 +0000 http://www.niemanlab.org/?p=7097#comment-29930 [...] best parts — the kind of thing newspapers hate. I’m reminded of the recent dispute over Gawker’s quoting and summarizing of a 1,500-word Washington Post story. The Post article’s author thought Gawker’s post [...] [...] best parts — the kind of thing newspapers hate. I’m reminded of the recent dispute over Gawker’s quoting and summarizing of a 1,500-word Washington Post story. The Post article’s author thought Gawker’s post [...]

]]> By: State of the Fourth Estate Morning Reading for 8 4 09 « State of the Fourth Estate http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-27317 State of the Fourth Estate Morning Reading for 8 4 09 « State of the Fourth Estate Sat, 15 Aug 2009 09:45:46 +0000 http://www.niemanlab.org/?p=7097#comment-27317 [...] Gawker and The Washington Post: A case study in fair use [Nieman Journalism Lab] [...] [...] Gawker and The Washington Post: A case study in fair use [Nieman Journalism Lab] [...]

]]> By: links for 2009-08-11 « Network(ed)News Bookmarks http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-26480 links for 2009-08-11 « Network(ed)News Bookmarks Wed, 12 Aug 2009 02:19:53 +0000 http://www.niemanlab.org/?p=7097#comment-26480 [...] Gawker and The Washington Post: A case study in fair use » Nieman Journalism Lab Shapira has penned a thoughtful and balanced essay on whether Gawker’s appropriation of his work should be considered copyright infringement. (tags: news business journalism newspapers copyright fairuse gawker washingtonpost blogs niemanlab) [...] [...] Gawker and The Washington Post: A case study in fair use » Nieman Journalism Lab Shapira has penned a thoughtful and balanced essay on whether Gawker’s appropriation of his work should be considered copyright infringement. (tags: news business journalism newspapers copyright fairuse gawker washingtonpost blogs niemanlab) [...]

]]> By: Washington Post takes on Gawker in the blogs | Zombie Journalism http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25851 Washington Post takes on Gawker in the blogs | Zombie Journalism Fri, 07 Aug 2009 22:36:59 +0000 http://www.niemanlab.org/?p=7097#comment-25851 [...] more than half of their very short post was from the WaPo story. The Nieman Journalism Lab took a look at what was used and asked it’s readers if they thought Gawker violated Fair Use or fell well [...] [...] more than half of their very short post was from the WaPo story. The Nieman Journalism Lab took a look at what was used and asked it’s readers if they thought Gawker violated Fair Use or fell well [...]

]]> By: » Spring Creek Group :: Blog – Social Media By The Numbers http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25801 » Spring Creek Group :: Blog – Social Media By The Numbers Fri, 07 Aug 2009 14:21:59 +0000 http://www.niemanlab.org/?p=7097#comment-25801 [...] Percentage of words that appeared in original Post report that were directly transcribed to the Gawker piece:  15% [...] [...] Percentage of words that appeared in original Post report that were directly transcribed to the Gawker piece:  15% [...]

]]> By: Washington Post vs. Gawker - The Thriller in Plain Vanilla - Part 2 | Yo Stella - A Creative Management Company http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25395 Washington Post vs. Gawker - The Thriller in Plain Vanilla - Part 2 | Yo Stella - A Creative Management Company Wed, 05 Aug 2009 14:40:26 +0000 http://www.niemanlab.org/?p=7097#comment-25395 [...] 6. Gawker and The Washington Post: A case study in fair use Washington Post reporter Ian Shapira wrote a whimsical profile of a dubious “business coach” who specializes in understanding Generation Y. (I think that includes me, but who knows.) Gawker, as is its wont, blogged about the piece, quoting extensively from the Post. Now, Shapira has penned a thoughtful and balanced essay on whether Gawker’s appropriation of his work should be considered copyright infringement. It’s exactly the situation at stake in recent threats by The Associated Press regarding the “protection” of their content. [...] [...] 6. Gawker and The Washington Post: A case study in fair use Washington Post reporter Ian Shapira wrote a whimsical profile of a dubious “business coach” who specializes in understanding Generation Y. (I think that includes me, but who knows.) Gawker, as is its wont, blogged about the piece, quoting extensively from the Post. Now, Shapira has penned a thoughtful and balanced essay on whether Gawker’s appropriation of his work should be considered copyright infringement. It’s exactly the situation at stake in recent threats by The Associated Press regarding the “protection” of their content. [...]

]]> By: EP http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25270 EP Tue, 04 Aug 2009 14:35:53 +0000 http://www.niemanlab.org/?p=7097#comment-25270 Last week I attended a workshop on the Google Books Settlement <a href="http://cyber.law.harvard.edu/googlebooks/?title=Main_Page&printable=yes" rel="nofollow">at Berkman</a>. The phrase "obsession with litigation" came up (I think it was during Professor Lawrence Lessig's presentation-- I don't have my notes here right now) and in my opinion the suggestion was it is an obstacle rather than a solution. I think it is a question of ethics --even of mere netiquette if you will-- rather than a copyright or legal issue. We can't spend our life suing each other... Last week I attended a workshop on the Google Books Settlement at Berkman. The phrase “obsession with litigation” came up (I think it was during Professor Lawrence Lessig’s presentation– I don’t have my notes here right now) and in my opinion the suggestion was it is an obstacle rather than a solution. I think it is a question of ethics –even of mere netiquette if you will– rather than a copyright or legal issue. We can’t spend our life suing each other…

]]> By: ALC http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25265 ALC Tue, 04 Aug 2009 14:17:25 +0000 http://www.niemanlab.org/?p=7097#comment-25265 Everyone seems to be framing this debate in terms of copyright law and fair use, but copyright law as it stands is a terrible fit for the problem Shapira’s complaining about. Either we need to reform copyright law (as many have suggested) or we need to be looking beyond copyright for a better solution. Perhaps the law is already equipped to handle the “Gawker problem” – the Associated Press sued All Headline News not long ago using hot news law in New York walked away with a settlement. Maybe all newspapers need to do is band together to make hot news federal law as some have already proposed and then start suing. In the end, the only way to get these blogs to cut the Washington Post a check is to get some legal leverage. Clearly copyright law as it stands clearly can’t provide the leverage that’s needed. Everyone seems to be framing this debate in terms of copyright law and fair use, but copyright law as it stands is a terrible fit for the problem Shapira’s complaining about. Either we need to reform copyright law (as many have suggested) or we need to be looking beyond copyright for a better solution. Perhaps the law is already equipped to handle the “Gawker problem” – the Associated Press sued All Headline News not long ago using hot news law in New York walked away with a settlement. Maybe all newspapers need to do is band together to make hot news federal law as some have already proposed and then start suing. In the end, the only way to get these blogs to cut the Washington Post a check is to get some legal leverage. Clearly copyright law as it stands clearly can’t provide the leverage that’s needed.

]]> By: EP http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25246 EP Tue, 04 Aug 2009 10:49:39 +0000 http://www.niemanlab.org/?p=7097#comment-25246 That's really interesting, Zach. <a href="http://www.cjr.org/behind_the_news/gawkers_link_etiquette_or_lack.php" rel="nofollow">Grueskin's suggestion</a> that links that appear on top will get clicked on more is not verified by this data, for example. It also shows that readers "got" that the point of your post as Gawker's post rather than Shapira's original article (and that in any case we could go back to that, probably from Gawker's post, as I know I did). On top of that one could argue that editorialized links ("whimsical"; "thoughtful and balanced") do have an impact on a reader's decision to click on a link or not. There are more links on your piece you don't mention. I suppose that rather than assuming that readers were not interested on those links, it's possible to think that we already had --or thought we had-- that context, so clicking on them was not deemed necessary to understand the post. That’s really interesting, Zach. Grueskin’s suggestion that links that appear on top will get clicked on more is not verified by this data, for example.

It also shows that readers “got” that the point of your post as Gawker’s post rather than Shapira’s original article (and that in any case we could go back to that, probably from Gawker’s post, as I know I did). On top of that one could argue that editorialized links (“whimsical”; “thoughtful and balanced”) do have an impact on a reader’s decision to click on a link or not.

There are more links on your piece you don’t mention. I suppose that rather than assuming that readers were not interested on those links, it’s possible to think that we already had –or thought we had– that context, so clicking on them was not deemed necessary to understand the post.

]]> By: Felix Salmon: Gawker sums show why it’s a ‘highly profitable media co.’ | Journalism.co.uk Editors' Blog http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25240 Felix Salmon: Gawker sums show why it’s a ‘highly profitable media co.’ | Journalism.co.uk Editors' Blog Tue, 04 Aug 2009 09:49:13 +0000 http://www.niemanlab.org/?p=7097#comment-25240 [...] blog, Felix Salmon does some calculations about Gawker and blog profitability, following a post on the Nieman Journalism Lab. “(…) overall it’s easy to see how Gawker has now grown to the point at which [...] [...] blog, Felix Salmon does some calculations about Gawker and blog profitability, following a post on the Nieman Journalism Lab. “(…) overall it’s easy to see how Gawker has now grown to the point at which [...]

]]> By: Blogging og økonomi | Etterretninger - Mandag Morgen http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25239 Blogging og økonomi | Etterretninger - Mandag Morgen Tue, 04 Aug 2009 09:47:49 +0000 http://www.niemanlab.org/?p=7097#comment-25239 [...] Nieman journalism lab ved Harvard har sett nærmere på tallene og kommet frem til at en standard bloggpost hos Gawker koster cirka $ 20 å produsere, mens den for tiden genererer cirka $ 200 i inntekter – ikke dårlig for et mediehus i dag. Nettsiden har 177 skribenter (freelance formodentlig), og Hamilton Nolan som er mest lest, produserer cirka 260 bloggposter i måneden. Dette summerer seg til 3,4 millioner kroner i året i profitt for Nolan eller, gitt at alle skribentene produserer like mye som ham (en drøy antagelse, men det gir oss en ide om hvor taket ligger), 600 mill i året for hele selskapet. [...] [...] Nieman journalism lab ved Harvard har sett nærmere på tallene og kommet frem til at en standard bloggpost hos Gawker koster cirka $ 20 å produsere, mens den for tiden genererer cirka $ 200 i inntekter – ikke dårlig for et mediehus i dag. Nettsiden har 177 skribenter (freelance formodentlig), og Hamilton Nolan som er mest lest, produserer cirka 260 bloggposter i måneden. Dette summerer seg til 3,4 millioner kroner i året i profitt for Nolan eller, gitt at alle skribentene produserer like mye som ham (en drøy antagelse, men det gir oss en ide om hvor taket ligger), 600 mill i året for hele selskapet. [...]

]]> By: Zachary M. Seward http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25213 Zachary M. Seward Tue, 04 Aug 2009 02:36:32 +0000 http://www.niemanlab.org/?p=7097#comment-25213 Thanks for all the great perspectives. You've given me plenty to think about for future posts. In the meantime, you might be interested in this data: Which links in this post were clicked-on most? 1. "blogged" (Gawker post) 2. "posited" (Anderson's post on fair use) 3. "thoughtful and balanced essay" (Shapira's piece on Gawker) 4. "whimsical profile" (Shapira's original article) 5. "standards" (Wikipedia article on fair use) Thanks for all the great perspectives. You’ve given me plenty to think about for future posts. In the meantime, you might be interested in this data: Which links in this post were clicked-on most?

1. “blogged” (Gawker post)
2. “posited” (Anderson’s post on fair use)
3. “thoughtful and balanced essay” (Shapira’s piece on Gawker)
4. “whimsical profile” (Shapira’s original article)
5. “standards” (Wikipedia article on fair use)

]]> By: links for 2009-08-03 | Joanna Geary http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25185 links for 2009-08-03 | Joanna Geary Mon, 03 Aug 2009 21:02:31 +0000 http://www.niemanlab.org/?p=7097#comment-25185 [...] Gawker and The Washington Post: A case study in fair use "Whatever your personal opinion about U.S. copyright law and how it should apply on the Internet, judges who consider the question are obliged to weigh four standards of fair use, including the extent of republication, whether the reuse is itself unique, and how it all affects the commercial market for the original content." (tags: newspapers business law copyright journalism) Share this [...] [...] Gawker and The Washington Post: A case study in fair use "Whatever your personal opinion about U.S. copyright law and how it should apply on the Internet, judges who consider the question are obliged to weigh four standards of fair use, including the extent of republication, whether the reuse is itself unique, and how it all affects the commercial market for the original content." (tags: newspapers business law copyright journalism) Share this [...]

]]> By: Gawker, el Washington Post y el fin del periodismo : Blogografia http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25178 Gawker, el Washington Post y el fin del periodismo : Blogografia Mon, 03 Aug 2009 20:01:04 +0000 http://www.niemanlab.org/?p=7097#comment-25178 [...] a la fuente tres veces en el post y la cita por su nombre pero que esto no parece suficiente. En Nieman Journalism Lab hacen un resumen de los datos: cuántas palabras tenía cada artículo, cuántas coinciden, el [...] [...] a la fuente tres veces en el post y la cita por su nombre pero que esto no parece suficiente. En Nieman Journalism Lab hacen un resumen de los datos: cuántas palabras tenía cada artículo, cuántas coinciden, el [...]

]]> By: Gawking at the Washington Post http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25142 Gawking at the Washington Post Mon, 03 Aug 2009 13:37:38 +0000 http://www.niemanlab.org/?p=7097#comment-25142 [...] bloggers “stealing” stories. The problem is measuring the value of content. (See the cost breakdown & analysis of the controversy at the Neiman [...] [...] bloggers “stealing” stories. The problem is measuring the value of content. (See the cost breakdown & analysis of the controversy at the Neiman [...]

]]> By: Ripped Off News? Or Spreading The News? | Nuze.me http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25138 Ripped Off News? Or Spreading The News? | Nuze.me Mon, 03 Aug 2009 11:59:14 +0000 http://www.niemanlab.org/?p=7097#comment-25138 [...] isn’t even an issue about fair use, as some are suggesting. It’s an issue about common sense. If you have a story, you’d [...] [...] isn’t even an issue about fair use, as some are suggesting. It’s an issue about common sense. If you have a story, you’d [...]

]]> By: Gawker and The Washington Post: A case study in fair use » Nieman Journalism Lab | D@J http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25137 Gawker and The Washington Post: A case study in fair use » Nieman Journalism Lab | D@J Mon, 03 Aug 2009 11:53:39 +0000 http://www.niemanlab.org/?p=7097#comment-25137 [...] Gawker and The Washington Post: A case study in fair use » Nieman Journalism Lab. Share and Enjoy: [...] [...] Gawker and The Washington Post: A case study in fair use » Nieman Journalism Lab. Share and Enjoy: [...]

]]> By: EP http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25120 EP Mon, 03 Aug 2009 09:04:55 +0000 http://www.niemanlab.org/?p=7097#comment-25120 I know for a fact that reproducing press releases 80% or so verbatim is (or was) common practice in Mexican journalism. My first job was writing press releases for the <a href="http://www.musicaunam.net/index.php?option=com_content&task=view&id=8&Itemid=16" rel="nofollow">Sala Nezahualcoyotl</a> in Mexico City. Several times I saw my writing (including the one I did for the concert programs) signed by someone else in major newspapers. This was before newspapers went online, so at least they had to re-type the whole thing... I know for a fact that reproducing press releases 80% or so verbatim is (or was) common practice in Mexican journalism. My first job was writing press releases for the Sala Nezahualcoyotl in Mexico City. Several times I saw my writing (including the one I did for the concert programs) signed by someone else in major newspapers. This was before newspapers went online, so at least they had to re-type the whole thing…

]]> By: The Washington Post versus Gawker | LEESEAN.NET http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25115 The Washington Post versus Gawker | LEESEAN.NET Mon, 03 Aug 2009 08:06:45 +0000 http://www.niemanlab.org/?p=7097#comment-25115 [...] M. Seward: Gawker and The Washington Post: A case study in fair use Words in Post article: 1,527 Words from Post article quoted in Gawker post: 226 (15%) Original [...] [...] M. Seward: Gawker and The Washington Post: A case study in fair use Words in Post article: 1,527 Words from Post article quoted in Gawker post: 226 (15%) Original [...]

]]> By: On Fair Use: I Sympathize with the Readers « Notes from The Heart House http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25113 On Fair Use: I Sympathize with the Readers « Notes from The Heart House Mon, 03 Aug 2009 07:40:59 +0000 http://www.niemanlab.org/?p=7097#comment-25113 [...] On Fair Use: I Sympathize with the Readers On Sunday, Washington Post reporter Ian Shapira called out Gawker on its use of one of his articles, questioning at what point it became copyright infringement. Nieman Journalism Lab at Harvard turned it into a quick case study. [...] [...] On Fair Use: I Sympathize with the Readers On Sunday, Washington Post reporter Ian Shapira called out Gawker on its use of one of his articles, questioning at what point it became copyright infringement. Nieman Journalism Lab at Harvard turned it into a quick case study. [...]

]]> By: patricia http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25097 patricia Mon, 03 Aug 2009 03:05:16 +0000 http://www.niemanlab.org/?p=7097#comment-25097 I don't think a world where it's illegal to link to other people's articles would be that bad, or is that far off. I don’t think a world where it’s illegal to link to other people’s articles would be that bad, or is that far off.

]]> By: Ben Fritz http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25084 Ben Fritz Sun, 02 Aug 2009 21:58:31 +0000 http://www.niemanlab.org/?p=7097#comment-25084 Here's one very obvious difference between Gawker summarizing the Post article and the Post profiling the woman in question: Anne Loehr AGREED to be interviewed. The Post did not agree to be excerpted. I'm not saying newspapers should always have to agree to be excerpted. But it's clearly complicated when the excerpt is substantial and the citation/linkage is minimal. There's nothing complicated about an interview subject who explicitly agrees to be reported on without compensation. I think it's also worth noting that when newspapers and wire services tee off each other's work without doing their own reporting (or succeeding at attempting that reporting), they always saw "so-and-so reported" in the lede. Gawker (apparently, I can't get the page to load) only cites the Post at the very end. Once again, an attempt to conflate the practices of "old" media with "new" does not succeed. Here’s one very obvious difference between Gawker summarizing the Post article and the Post profiling the woman in question: Anne Loehr AGREED to be interviewed. The Post did not agree to be excerpted.
I’m not saying newspapers should always have to agree to be excerpted. But it’s clearly complicated when the excerpt is substantial and the citation/linkage is minimal. There’s nothing complicated about an interview subject who explicitly agrees to be reported on without compensation.
I think it’s also worth noting that when newspapers and wire services tee off each other’s work without doing their own reporting (or succeeding at attempting that reporting), they always saw “so-and-so reported” in the lede. Gawker (apparently, I can’t get the page to load) only cites the Post at the very end. Once again, an attempt to conflate the practices of “old” media with “new” does not succeed.

]]> By: Sergio Abranches http://www.niemanlab.org/2009/08/gawker-and-the-washington-post-a-case-study-in-fair-use/comment-page-1/#comment-25079 Sergio Abranches Sun, 02 Aug 2009 20:45:14 +0000 http://www.niemanlab.org/?p=7097#comment-25079 My observation coincides with those of Mark Glaser. I've seen this same blog-newspaper/newspaper-blog content pulling and not only on the US media. It iseems to me it is current practice with a global reach. My observation coincides with those of Mark Glaser. I’ve seen this same blog-newspaper/newspaper-blog content pulling and not only on the US media. It iseems to me it is current practice with a global reach.

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