Righthaven fails, online community rejoices

The Electronic Frontier Foundation passes on news from Nevada that will ripple throughout the land:

(T)he federal district court in Nevada issued a declaratory judgment that makes is harder for copyright holders to file lawsuits over excerpts of material and burden online forums and their users with nuisance lawsuits.

The judgment – part of the nuisance lawsuit avalanche started by copyright troll Righthaven – found that Democratic Underground did not infringe the copyright in a Las Vegas Review-Journal newspaper article when a user of the online political forum posted a five-sentence excerpt, with a link back to the newspaper’s website.

Judge Roger Hunt’s judgment confirms that an online forum is not liable for its users’ posts, even if it was not protected by the safe harbors of the Digital Millennium Copyright Act’s notice and takedown provisions. The decision also clarifies that a common practice on the Internet – excerpting a few sentences and linking to interesting articles elsewhere – is a fair use, not an infringement of copyright.

The EFF piece gets a bit windy and partisan, but it is worth a read for legal eagles.

Ethicists descend

This ABC News story should give the philosophers and legal eagles among us plenty to discuss. Obama Sale of First Family Photo Tests Campaign Rules:

Obamas

A portrait of the president, first lady and their daughters taken in the Oval Office by an official White House photographer is prominently featured on Obama-Biden buttons for $5 apiece, and in an online campaign ad asking voters to “join our campaign.”

[...]

But more remarkable may be the legal and ethical questions raised by use of the photo, which was originally taken and published at taxpayer expense and for which political and commercial use is expressly prohibited.

White House spokesman Josh Earnest said in response to an inquiry from ABC News last week that the photos – which are freely available on the administration’s Flickr website – are “basically items in the public domain.”

“They cannot be used for commercial uses,” Earnest said at a press briefing, “but we’ve also seen a number of political campaigns, certainly in 2010, that used … photos off the Flickr website and incorporated them into their television advertisements and other advertisements.”

A disclaimer on the Flickr website underscores Earnest’s point, warning that the photos “may not be manipulated in any way and may not be used in commercial or political materials, advertisements, emails, products, promotions that in any way suggests approval or endorsement of the president, the first family or the White House.”

But that appears to be precisely what the Obama Campaign has done.

[...]

Aides say the Obama campaign did not need to pay a royalty for use of the photo because it is publicly available. But neither the White House spokesman on legal and ethical affairs Eric Schultz nor campaign spokesman Ben LaBolt would respond to questions about whether the sale of the image on buttons constitutes commercial use.

Pinterest and copyright

One of the hottest new digital startups is finding itself in a curious discussion about modern copyright issues. How does Pinterest behave with respect to copyright law? The implications impact both the company and their individual users, you. The Verge has more:

Pinterest is designed, top to bottom, to make copies of photos on the internet. That’s a crucial difference from other sites that rely on users to post content: YouTube and Tumblr and Facebook all generally operate under the assumption that the majority of posted content is the user’s own, not someone else’s. Compare that to Pinterest, which presents as its primary interface a toolbar bookmarklet that rips all the images from any web page you’re on.

The comments to that piece may be of interest to those curious about media law.

Just the links

Textbook publishers? Apple is looking at you

Digital textbooks available for iBooks 2 on iPad will come at a significant discount over regular paper-based books, with prices at $14.99 or less from major publishers like McGraw Hill and Pearson.

The implications will be widespread.

Who? Whom? Geoffrey Pullum will tell you, in just 786 words.

Is HDR photography acceptable in journalism? Interesting ethical question. Is it news only if it is in the human visible spectrum? (No.) Is it acceptable to publish a photograph treated in any number of techniques as NASA frequently does? (Yes.)

The old-school photojournalism professor — like the man I studied under, a talented old veteran who spent his formative years covering civil rights marches — would say that what is in the viewfinder is the news. His point was that cropping a picture is editorializing. (We all know that even the presence, if not the interaction, of a photojournalist can impact the news event, so in that strictest sense this becomes a thorny issue: any opened shutter is potentially changing the story.) I spoke with a younger photojournalism professor about this recently and he laughed at the notion. To him that is an ideal of a photographer who hasn’t had to get a job in years.

Ultimately, if you open a photo in Photoshop or video in After Effects or your software of choice you can improve the shot, or you can alter your story. After the Iranian faux-missile launch story a few years ago Guardian leapt into the debate. Others have similarly chimed in on both sides of the Photoshop/photojournalism “Does it lie?” issue.

It can, but this is increasingly difficult to get away with. (So don’t be tempted.) It doesn’t even take long to get caught. (To be fair, that one was on the hands of a stringer, and not a staff pro. And herein lies the key, it comes down to trust. It comes down to credibility. So hard to earn, so easy to lose.

Scrupulous photogs, scrupulous people of any industry, know that and guard their credibility zealousy.

And then you get into grey areas. The court won’t let cameras in, so a television station is re-creating “the more absurd aspects” of a corruption trial with muppets. (Video is at the link.) I’m sure it is useful and captivating and will probably be remembered by the newscast’s audience for a good long while, but I could see it also making people queasy, though it is just another way to reach audiences. I bet a lot of the people working on that project never imagined themselves as puppeteers.

Pew research says it is the economy

The public’s interest in news about the economy far outreaches media coverage of it for the second week in a row this year, with 20 percent of people surveyed saying it was the story they were following most closely, while only 6 percent of news coverage was devoted to it. The week before, 19 percent of people said it was their top story, while 8 percent of coverage was devoted to it. This discrepancy continues a trend from last year, during which the economy was one of the most closely followed stories 32 out of 52 weeks, and was the top story of 2011 with 20 percent of coverage devoted to it. And yet in December alone, there was about twice as much interest in the economy as there was coverage of it.

Even during weeks when the economy was the top story, interest surpassed coverage.

Smart comments on that Poynter story, by the way.