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Dublin: 9 °C Saturday 18 May, 2013

NNI: No objection to newspaper content “being used for personal use”

Statement from National Newspapers of Ireland does reiterate stance that “display and transmission of links does constitute an infringement of copyright” unless for personal use.

Image: Pressmaster via StreetsofDublin.com/Flickr/CreativeCommons

THE NATIONAL NEWSPAPERS of Ireland organisation (NNI) has said that it has no objections to newspaper content “being used by others for personal use”.

In a statement released this morning, however, the NNI reiterated its stance that it believes hyperlinks to its member sites is a breach of copyright unless a license is sought to do so, or if the links are for personal use.

The statement said that it was seeking to “clarify” the NNI’s position on the issue of linking to newspaper websites in light of negative international reaction and social media commentary sparked by an article by solicitor Simon McGarr entitled, 2012: The year Irish newspapers tried to destroy the web. In it, McGarr referred to Newspaper Licensing Ireland Limited (NLI) demanding payment from a charity, Women’s Aid, for linking to newspaper websites on its own site.

NNI today said that NLI is a “separate company” mandated by NNI members and some other newspaper publishers “to license third parties in relation to use of newspaper content”. It said today that:

NNI members never object to their newspaper content being used by others for personal use.

It also stated that it only approaches an organisation to take a licence for the republishing of newspaper content, including links, when “the organisation has also engaged, for commercial purposes, in some other ‘copying activity’ in addition to the display of links (for example, where the organisation has reproduced either the text of the article itself or an extract from it alongside the links)”.

However McGarr, whose company is acting for Women’s Aid in their correspondence with NLI, quotes an excerpt from one of NLI’s legal letters to the charity in which NLI states “a licence is required to link directly to an online article even without uploading any of the content directly onto your own website”.

mcgarr

(via mcgarrsolicitors.ie)

The NNI also stated today that “the discussion which has taken place over the last few days has not correctly reflected our practice or views”.

It says that its submission to the consultation paper of the Copyright Review Committee which is currently examining existing copyright legislation in Ireland outlines its belief 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. We understand that some people do not agree with that interpretation of the law. Equally, there are others who do agree with it.

TheJournal.ie also made a submission to the consultation paper of the Copyright Review Committee. On the matter of hyperlinking, TheJournal.ie believes that “the absence of provisions about hyperlinking in copyright law as a serious barrier to innovation”. The submission added:

The ability to link from one document to the other gave birth to the world wide web as we know it – trillions of pages, publicly accessible online, all linked to and from one another. Links are essential to the content distribution business.

The Copyright Review Committee is yet to publish recommendations on this matter.

Column: Newspapers are seeking to outlaw the free exchange of ideas>

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Comments (47 Comments)

  • The Personal Use issue is a red herring.

    They actually have said, in this and other earlier statements, that there is no legal difference between links- no matter what kind of use is being made of them
    “the same legal principles apply to both” as they say.

    The statement is therefore a restatement of the assertion (still not supported by citing any statutory basis) that newspapers have the power to grant or withhold permission to link to their sites.

    Reply
  • No problem. Nobody post links to any of their sites and it wont be long before they change their minds. Advertisers will start pulling out when they see traffic is down. In summary they can go and shite.

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  • What do they consider personal use exactly?

    I’m not a company but if i post a link to a newspaper on eircomsucks.com will they want payment from me?

    What if i post as a user on http://www.boards.ie and say xyz about a story and post a link, will they want payment from me and/or boards.ie/daft media?

    The newspapers here are just trying to somehow protect their dieing business model, rather then evolve and try and compete in a new online world like thejournal.ie or even the likes of bbcnews.com they want tp protect the old business model for as long as they can.

    The sad thing is, they are fools and the old business model is dieing a death.

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    • Just to add, what if I’m a company and a newspaper does a story about my company. Am i not entitled to link to something about my company.

      Isn’t that exactly what Women’s Aid did?, they simply linked to a story about them!

      Are the newspapers looking to create some crazy world where they want company’s and people to charge THEM (the newspapers) a fee for writing a story about them!

      Reply
    • They want you to hit the share button to post to your Facebook/Twitter whilst also having the power to sue Boards.ie etc. for allowing you to post it there.

      Basically they want to do as they please.

      I would actually love if they took on Google over sharing of links. Let’s see how far they go if Google decide to exclude them from their search engines

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    • Just to add,

      Are the NNI members going to pay message board users for content they effectively steal from them?

      Not a week goes by where papers throughout Ireland use content posted by users on boards.ie, sometimes they mention its from boards.ie other times they “claim” its from somebody writing to the paper.

      Thing is the letters etc match word for word when compared to the posts made on websites like boards.ie, often the stories include photos that the users have posted on boards.ie as well.

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    • Paul MC 04/01/13 #

      OK, this is not a problem. If they publish an article on me or my then I expect to be paid, they use photograph of me, my product or my home/factory then they can pay me or my company for the privilege.
      Can’t see them winning this one.

      Reply
  • I’d love to share this with my friends, but I’m confused about whether I’m allowed :(

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  • The NNI members have probably realized they’ve shot themselves in the foot after the article on mcgarrsolicitors.ie. If they insists on charging per link used, Google would drop them from their database like a rock in the water, as would every other search engine.

    NNI probably also finally realized that anyone sharing links drives traffic TO their sites by way of FREE ADVERTISING. I share links around quite frequently. If I got hit up for fees, I’d send a few back of my own for advertising fees.

    Standard industry practice allows a person or company to use quotes based on a ‘fair use’ basis. This means a small percentage of a total work can be quoted without having to pay fees, and as long as the original source is quoted. One is not meant to take a full article, such as this one, and post it in its entirety onto a blog or other website, regardless if they’re claiming it’s their own or the property of TheJournal.ie or the author, Susan Daly. That’s not just copyright infringement, it’s also plagiarism (if claiming the work as one’s own).

    However, one can pull the first paragraph or two of this article and post it on their site and link back to this original page under ‘fair use’. This is what most people do. The previous days discussions about this issue have pretty strongly insinuated that the NNI members want fees for doing this.

    If this becomes law, I can see most of these papers going out of business fairly rapidly. Not just from readers no longer sharing content, thus losing readership and advertising sponsors, but also from search engines no longer catering to their sites, which is actually a free service for the NNI members.

    Personally, as a business owner, if anyone wants to share pages off my website with friends, go for it. I just ask that you credit us for the content by linking to our pages. It’s all free advertising for us and I thank you! :-)

    Reply
    • NNI are claiming even more than any “fair use”. They are claiming it’s copyright infringment to *link* to the article even if you quote NONE of it: “a licence is required to link directly to an online article even without uploading any of the content directly onto your own website”

      Reply
    • I know, Rory. Is that insane or what? I wonder if the papers are in such dire straights at the minute that they’re thinking of doing this to generate some revenue. I mean, why by the paper if you can get it online for free, right?

      An easy solution would be for all the papers to have a nominal annual subscription. It wouldn’t work for just one or two papers. They’d all have to do it, even the likes of TheJournal.ie. I know I’ll get red thumbs, but it makes sense. The fee would not some over the top fee the Irish Times brought in a few years ago and no one subscribed. The annual subscription rate would take the place of the license fee for using links casually. Any links wanting to be used in a professional or commercial way would obviously have to get permission and pay more unless the two parties could come to an understanding.

      Hmm . . . I wonder how it works when you take a link and feed it into bit.ly to spoof/shorten the URL.

      Reply
  • Well their logic concerning hyperlinks also dictates that the NLI should be storming local noticeboards and slapping fines on those who tack up clippings from newspapers.

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  • “The display and transmission of links does constitute an infringement of copyright”

    Total nonsense.
    There is no unique content under the standards of what is copyrightable in a url.

    Even with the content itself ‘fair use’ is a standard of copyright so a small extract is perfectly allowable.
    If you wanted to go stricter you could re-write the article title in your own way, but you could not copyright the URL itself. There is no copyrightable content in a url.

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    • This would only fall under copyright if, let say you, used that URL in your own personal (paid) advertising. It also falls under misrepresentation were you to do so.

      Reply
    • Quite a bit of what you see in pressn is direct PR from groups such as Women’s Aid (for example).

      If they send that out to 5 media outlets and they all publish it on their website then who owns the copyright? NNI haven’t thought this one through at all

      Reply
  • I stopped buying the IT since Xmas eve when despite in a reducing market and in the middle of a severe recession they increase their price to their customers in the Republic. The Law of Diminishing Returns never seem to cross their minds nor the fact as to why it is still referred to as a Law.

    Reply
    • I stopped buying it when I first read the Guardian about 12 years ago and realised what a newspaper could be.

      Have occasionally felt bad on missing out on Irish commentary, pick up a copy and realise again why I love the Guardian so much (G2, sports, international & comment section)

      Reply
  • If they don’t want it shared, stop putting “Share this” buttons under the articles.

    Reply
  • Belgian newspapers have been through all of this, and it didn’t turn out to well for them…

    http://www.techdirt.com/articles/20110718/16394915157/belgian-newspapers-give-permission-to-google-to-return-them-to-search-results.shtml

    Reply
  • So by NNI’s logic, if a librarian points to a book on a library bookshelf then he or she is infringing the copyright of that book.

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  • I obtain all my news on the Internet and use the Journal on a daily basis and I am in my mid seventies.

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  • Blatantly copying chunks of content on to your webpages one could understand as infringement but trying to restrict linking to content is just silly…a link is no more than recommending/referencing and actually strengthens their website and sends referral traffic….greedy shower of toerags!

    Reply
  • I recently told somebody where to find an old copy of the Indo, thus inadvertently sending the paper a new reader without first asking permission.

    I hope their bill for my mistake won’t be too high and I promise never to recommend them to anyone again.

    Reply
  • If they keep this up The Journal and the rest will make a killing. You’re watching the dying days of traditional Irish media. We should do everything in our powers to help Irish newspapers get this through. Keep it up..the sooner the better.

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    • Nonsense. It’s logical to charge a fee for linking to someone else’s site – that’s advertising. The IT would justifiably charge a large fee for a banner ad on their site, linking to a page on mine. For me to expect a fee FROM them to link to a page on my site would be just ludicrous. If the newspapers don’t want a site linking to stories on theirs, let them make it pay per view (and see how long they last). They can’t have it both ways: freely available on the web, but nobody’s allowed to link to it. That’s now how the web works. That they think they can get away with this may be just another symptom of the underlying problem: even though it’s in common use for over 15 years now, they have failed to adapt to the reality of the world wide web.

      Reply
  • What if the hyperlink is to a Google search for an article title that matchs the title on the other news site, does that bypass the charge. Will Google look for a charge for that hyperlink.

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    • random 04/01/13 #

      And what if you use an URL shortening service? Then you’re not even directly using a URL designed by the newspaper you’re linking to. The URL shortening service would presumably be liable for any licensing fees.

      Well, if the whole idea wasn’t retarded, that is.

      Reply
    • I wish the NNI would even TRY to go after Google. Google has *loads* of links to the NNI member’s website. Either the court case would decide that “links aren’t copyrightable” and the bottom falls out of their argument, or they win, and Google would never show a link to the NNI member’s websites again.

      A few days when their traffic plummets and they’ll crawl back to Google saying sorry.

      Reply
  • This is such a trivial action. to copy and paste a link wrap it in some HTML and post it on your own website. That very act should not require licencing. its a Joke and whats more It needs to get as much air time as possible to show how silly this is…

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  • Newspapers should be paying people to link to their online articles, that’s how the generate traffic and therefore make money out of having these articles online. By their logic I should start charging Facebook for the privilege of hosting my content?!

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  • Who controls NNI? Would i not be correct in saying Denis O’Brien? Pat Rabbitte refused to limit his ownership rights and control of media in Ireland. This is what you get in return. We also had FFG supporting ACTA when the rest of Europe said it was censorship of media and therefore voted against it. We are being controlled more and more. For years, Irish Press and the Indo/Sindo were the mouth pieces of the political establishment. With newspaper sales dwindling and only being read by older generations, these new measures and controls are being put in place to limit freedom of speech, to suit the Political establishment and their very wealthy media oligarchs. Shameful, and its no surprise the rest of the world media are laughing at Ireland.

    Reply
    • Hi Cal, No, it wouldn’t be right to say it is controlled by Denis O’Brien – the full list of members is visible on http://www.nni.ie/v2/broad/index.php – it includes Thomas Crosbie Holdings, Irish Times, Rupert Murdoch-owned papers and others, as well as Independent News and Media publications. Just for clarity.
      Thanks, Susan.

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    • Thanks for the clarity Susan, but at the end of the day, Denis O’Brien controls the Indo, Today FM, Newstalk and others. His undue influence is felt across all of that media (Look what happened to Eamonn Dunphy, when he voiced his concerns about O’Briens control of media in Ireland.
      I agree Murdoch controls a lot of media also, but Murdoch wouldn’t even dare attempt to support such a move in the UK, he doesn’t have that Government in his pocket… We need to learn a lesson from them. We have a couple of Oligarchs who can do what they want in this country, and our Government supports them.

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    • In fairness Carl, Rupert Murdoch practically owns the Conservative party. He had Thatcher deregulate the entire sector in the 80s, Andy Coulson was appointed Cameron’s PR man, Rebekah Brooks is closely tied to the Tories and if the News of the World hadn’t been caught out for tapping phones Cameron would have dismantled the BBC by now.

      We need to stay far away from Britain’s example

      Reply
  • patrick 04/01/13 #

    And yet they’re charging advertisers on the basis of a given amount of web traffic, which, without links will come from…???

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  • I look forward to aggregated news websites charging The Irish Times for linking to their news articles and thus generating more money for them in their banner advertising revenue. That must be worth a 15% cut I’d imagine?

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  • I haven’t bought a newspaper in five years, I get all my news on my smartphone,nThe only time I miss the Irish times is when I have caught a few trout and need to gut them?

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  • Considering most off the print media now use “lifting” copy and paste from the web I find it quite strange that they would be concerned about copy right infringement

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  • This is just crazy, by creating a hyperlink to an article you are generating traffic to their site and in-turn increasing their readership. Also, most of them have social sharing buttons???????????????????????????????

    Reply
  • Nydon 04/01/13 #

    While the argument for stopping online news aggregators inserting links to articles on “established” and “reporter employing” newspaper sites is obviously fatally flawed and cannot be justified in the context of the basic function of the worldwide web, what is the case for or against the “scraping” and rebranding of news by framing the third party content within an aggregator site while keeping the reader within the confines of the referring site? Surely this is not justifiable or fair use?

    Reply

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