This is a first for us here, we have a guest blogger
on Blogtopus.
Writer and social media consultant Carla Del Vecchio, of
Rule of Three, has written a really interesting and insightful
piece about the copyright issues thrown up by the ongoing legal
arguments surrounding our client Meltwater and the Newspaper
Licensing Agency (NLA). After seeing her article earlier this week,
we asked if we could reproduce it here and we were delighted when
she said yes.
June 15 2011, marks the start of the UK Court of Appeal for the
NLA vs Meltwater holdings case. I've blogged about this case
previously, because it concerns me that a commercial
entity such as the NLA-whilst attempting to enforce the
monetization of its content-can end up introducing laws that affect
all of us in the digital age.
I do not deny that the issue is complicated. The print newspaper
industry is no longer robust. As more people seek to gather their
news from literally any place other than an inky page, online news
sources, seeking to fulfill this new need, have in effect
cannibalised their own traditional heritage; so it's not in the
least bit surprising that firewalls have been erected to protect
revenues and entities such as the NLA have sprung up into existence.
But … just to clarify, this case originated because the NLA
(founded by a group of newspaper owners) created their own
"licenses" for users who in effect potentially make money from
their sources. That includes PR agencies and newspaper aggregators
or monitoring companies, such as Meltwater … and apparently
their clients.
The license is effectively a tax for usage.
And as further clarification, Meltwater, to my knowledge, did
not dispute paying for the license, but did vehemently dispute "on
principle" that its end users- its clients, should pay the license
also.
Andrew Hughes, the commercial director of NLA made this
statement in a comment he wrote in response to a blog post on
the issue:
"NLA and publishers are very happy for users of Facebook and
for other social media apps to post as many links as they like as
often as they like, without charge of licence. NLA is only seeking
to licence PAID FOR services, not Google, Facebook, and other web
tools."
All very well and good … but by the very definition you raise a
huge question about what is a "PAID FOR service", because at a very
literal level in the case of monitoring agencies
they provide the service, so I can only assume you
expressly mean: anyone who profits from, in some way using, the
content in question.
Now I'm no expert on law or copyright but I am an everyday
link-sharer. And from my Twitter business account I post links
with, let's face it, the express purpose of sharing information in
order to build upon my professional reputation as a freelance
writer, which I hope leads me to more work.
Could this be construed as using links to make money?
What about Meltwater's not-for-profit clients, will they be
charged? Or Joe-down-the-wordpress-road who has monetized his blog
with some advertising … when he shares links to draw
attention to his blog, will he be in breach?
Where will it end?
How the UK Court of Appeal handles this case will set a
precedent for the future of content and hyper-link sharing. And
once set, a precedent cannot be undone.
From all I have read everyone seems to agree on one fact, that
there are a lot of grey-areas that this case has brought to light;
particularly with a set of laws that are yet to effectively deal
with a rapidly evolving digital landscape.
As a writer I firmly believe in the protection of rights with
regards to copyright issues and hope that news sources find
business models that benefit all concerned, but my thoughts today
are resting with a more seamier truth … that is, how the NLA's
attempt at double-dipping could potentially end up having serious
ramifications for every day link-sharers, like you and me, all over
the world.
To view the videos from the Future of Content debate, you
can visit the Rule of
Three blog.