Irish Newspapers Budge Slightly: Now Say Links Don't Require Payment, But Snippets...

from the keep-digging dept

Last year, we wrote about the insane position from the group Newspaper Licensing Ireland (NLI), which represents the major newspapers in Ireland, in demanding that a charity pay them for linking to newspaper stories. In the last few weeks that story has been getting more and more attention in Ireland, in part because a related, but different organization representing mostly the same Irish newspapers, National Newspapers of Ireland (NNI), made a submission to a government review of copyright arguing that linking is infringement if done on any kind of commercial site (so, yeah, they'd probably consider that link to their site infringement).
NNI made a submission to the effect that our view of existing legislation is that the display and transmission of links does constitute an infringement of copyright and our existing copyright law should not be amended in the manner discussed in the Consultation Paper.
Meanwhile, the lawyers representing the charity have noticed that NLI appears to have backtracked ever so slightly and are now saying that "links alone" are not infringement, but if you include any text, you've gone over the line. They've put up a new statement reading, in part:
For commercial use: NLI does not require a licence from any organisation which only displays or transmits links to newspaper content. A licence is required when there is other reproduction of the newspaper content, such as display of PDFs or text extracts.
Of course, whether or not they consider reproducing that text as copyright infringement is left as an exercise for the reader.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
    identicon
    gEE, Jan 9th, 2013 @ 3:23pm

    but without a snippet how do I know I want to goto their site to read an article?????

     

    reply to this | link to this | view in thread ]

  2.  
    identicon
    Milton Freewater, Jan 9th, 2013 @ 3:41pm

    Text extracts

    Quoting a source (spoken OR written) with attribution is part of reporting. It's not copyright infringement in any way. Obviously.

    They can ask for licensing for PDF distribution or wholesale reproduction of a story. But not "text fragments."

    Unless they plan to start suing other print publications for quoting their articles, they will be forced to go back to the drawing board.

     

    reply to this | link to this | view in thread ]

  3.  
    identicon
    Anonymous Coward, Jan 9th, 2013 @ 3:44pm

    strange how linking, which really is free advertising of things, people, sites etc, is now a crime (you get locked up in the UK!) or a means of obtaining money by, yes, you've got it, those that are receiving the free advertising! how bloody selfish is that?

     

    reply to this | link to this | view in thread ]

  4.  
    icon
    someone (profile), Jan 9th, 2013 @ 3:44pm

    Re:

    Obviously they do not want you to visit their site by clicking a link about something that interests you.

    Now that corporations are people it looks like they have also figured out how to commit suicide......

     

    reply to this | link to this | view in thread ]

  5.  
    identicon
    Anonymous Coward, Jan 9th, 2013 @ 3:51pm

    Re:

    What, you mean you don't click any (shortened) link without context or information? Think of the families of the poor phishermen!

     

    reply to this | link to this | view in thread ]

  6.  
    identicon
    Anonymous Coward, Jan 9th, 2013 @ 3:54pm

    "Sure, your newspaper can write an article about newsworthy item X which has to do with us. Just make sure you don't use any of the names of people and companies involved, the location, or anything concerning the topic really."

     

    reply to this | link to this | view in thread ]

  7.  
    identicon
    Anonymous Coward, Jan 9th, 2013 @ 4:29pm

    Ireland is a small country.

    There is damn little that is there that is not somewhere else.

    Why would anyone link to an article in an Irish paper about something that occurred elsewhere especially when the Irish paper lifted the article from elsewhere?

    Which then becomes with this law why would anyone in their right mind link to an Irish or any EU web site as all the EU appears to be equally insane?

    And they wonder why they have 20 to 40% unemployment.

     

    reply to this | link to this | view in thread ]

  8.  
    identicon
    Anonymous Coward, Jan 9th, 2013 @ 4:52pm

    Re: Re:

    SCOTUS is not really interesting internationally.

    But I am pretty sure that you are correct about them not wanting visitors. I picture an old farmer with a shotgun in one hand and the other waving as a fist above his head while he is screaming "Get off my lawn, son!". (How is that for an oxymoron?)

    Somehow they are more interested in having control over how visitors enter their site, than having visitors. I would say, live or let die, but with the horrible french jurisprudence
    ( http://searchengineland.com/google-loses-french-lawsuit-over-google-suggest-32994
    http://www.gislou nge.com/google-maps-loses-unfair-competition-lawsuit-in-france/
    http://arstechnica.com/tech-policy/ 2012/10/google-threatens-to-cut-french-media-out-of-news-search/ )
    On the other hand, Ireland is the place Google pays taxes in EU:
    http://www.insidermonkey.com/blog/google-inc-goog-wont-win-tax-lawsuit-french-official-29312/

     

    reply to this | link to this | view in thread ]

  9.  
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    Jay (profile), Jan 9th, 2013 @ 5:15pm

    If at first you don't succeed, dig deeper.

     

    reply to this | link to this | view in thread ]

  10.  
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    G Thompson (profile), Jan 9th, 2013 @ 6:22pm

    Re: Text extracts

    The embedding of ANY PDF files from any world viewable source (ie: not behind an authorisation/paywall system ) is quite legal and not subject to copyright and not subject to any licensing.

    The wholesale production of a story with attribution though at first face subject to copyright/licensing is in actual reality dependant on the context classified as fair dealing/usage as long as there is no commercial gain from such usage and its in public interest.

     

    reply to this | link to this | view in thread ]

  11.  
    identicon
    Edward Padgett, Jan 9th, 2013 @ 9:13pm

    Linking to articles

    As a blogger I use links to other sites almost daily and have received no negative feedback to date. Matter of fact I'm often asked to link to certain articles by the writers, which generates traffic to their stories, a plus in today's digital world.

    With advertising revenue moving from the hard copy of the newspaper to the Blogosphere I understand the drowning newspaper will bring anyone linking down with them if allowed to do so.

     

    reply to this | link to this | view in thread ]

  12.  
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    DannyB (profile), Jan 10th, 2013 @ 7:13am

    Re:

    Without a snippet of text, you can't know that you want to click the link. So don't.

    The fact that the newspapers don't want a snippet of text used to entice you to clicking the link indicates their intent that they don't want anyone coming to nor reading their newspaper. So you should honor their wish.

     

    reply to this | link to this | view in thread ]

  13.  
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    DannyB (profile), Jan 10th, 2013 @ 7:13am

    Re:

    If at first you don't succeed, use a shorter bungee.

     

    reply to this | link to this | view in thread ]

  14.  
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    shawnhcorey (profile), Jan 10th, 2013 @ 7:34am

    Are these guys idiots? The first rule of the internet: you can be ignored in less than 5 seconds.

     

    reply to this | link to this | view in thread ]

  15.  
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    Charles Kenny (profile), Jan 10th, 2013 @ 8:08am

    Re:

    No, no, dig up, stupid!

     

    reply to this | link to this | view in thread ]

  16.  
    identicon
    spaggie, Jan 10th, 2013 @ 8:42am

    easy opt out of snippets

    I've never use it, that'd be stupid

     

    reply to this | link to this | view in thread ]


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