I propose to the Associated Press that it immediately begin linking to all its sources for stories, especially to members’ original journalism because:
* This will support journalism at its source. As I’ve written here, it is vital that we link to original journalism so it can receive traffic, audience, branding, credit, conversation, and advertising.
* This will provide a better service to readers and clients, enabling them to find, read, and link to original reporting.
* This will be an act of transparency that everyone in journalism should be practicing. As they say in the math test, we should show our work. The AP can provide an example that other news organizations should follow.
This comes out of the ethic of the link and quote that I have learned from blogs. It says to our readers: Don’t take my word for it, go see for yourself. And: Here’s what the source said; I won’t rephrase it but I will quote it directly so you can see for yourself.
The Associated Press, like its industry, has been operating under a different ethic for a different time: the ethic of ownership and control.
These two systems are coming into conflict now, but they need not conflict. As Prof. Rosen has been trying to teach journalists in another context: “Newsroom people, hear me out. You don’t have to leave the moral universe you grew up in. Just admit the possibility of another valid one beyond yours.”
The AP sent Drudge Retort and Rogers Cadenhead takedown notices for brief excerpts from and links to its stories. I reacted strongly but I’ll now try to explain calmly what’s at stake here.
The AP was calling bloggers unethical even while the bloggers were operating under their own ethic of the link and the quote. The bloggers believe they are doing the right thing in quoting directly and they think they are doing the generous thing — generous to both their readers and to the AP — in providing links to the source material. The bloggers will also say that this is an ethic the AP itself violates when it homogenizes and commodifies news, rewriting it and stripping it of the identity — and now the address — of the original reporting done by its members and other sources.
But the AP will say that it has a right to own that content and others, including bloggers, do not, so it believes it is protecting that license. That is its ethic.
Of course, these two ethics need not be mutually exclusive.
Bloggers should not quote excessively from others’ content and when they quote it should be for a reason — to agree, disagree, comment on, recommend, correct (there can be many reasons). This is fair use and fair comment. There can be no word-count limit because it depends on the use. If I want to fisk a story, I may well quote the whole thing because I am commenting on it all. The test is reasonableness: a fuzzy test, but life is fuzzy.
The AP, for its part, should recognize that they and their members now live in a new media ecology constructed of links, one they do not and cannot control any longer. To be good citizens in this new economy, the AP should respect the rights of readers who write and recognize the benefits of receiving links and credit, as the bloggers give it. They should further extend this ethic to their own work. And if there is conflict or questions, their reflex should not be to send their lawyers to write letters. Remember that you are dealing with individuals, not corporations. This was a hostile act and that is why it was met in return with hostility, deservedly so.
Now let me make clear that the AP is no idiot. Jim Kennedy, its head of strategy, who responded to my rant in the comments and has done so on other blogs, has the best strategic mind in the industry (if only there were more of him). He has inspired much of my thinking about the ecology of links in news. Tom Curley, his boss, has spoken eloquently about the need to separate content from the container — to, indeed, look at new means to distribute news (by blog quotes and links among them, I’d say). The AP has been dealing with issues of credit for years when TV stations pick up stories reported by newspapers and then rewritten by the AP, giving no credit to the source; the same happens with photos, as someone said in my comments.
No, the AP is no fool. But it acted like one in this episode. I wanted to throttle them. And so I did. My problem is not just that they threatened bloggers foolishly and needlessly and assaulted the right to fair use and fair comment but that it made them appear so clueless. I believe what they did could harm both the AP and the foundering news and newspaper industries.
How could it harm the AP? Well, I return to the case of the Ohio rebellion, where papers are now sharing their original journalism without the AP and its content mill. I think there well could come a day when local papers decide to share their own content around the AP and even to do without the AP state wire. Those same papers may decide to stop covering the world or at least to do it with links instead of syndicated, commodified, expensive wire content. At the same time, as Jon Fine says in his column this week, newspapers will shrink (or disappear). So I suggest that the AP had better reconsider its relationship locally and it may need to be more of a curator than a mill. It may need to provide not rewritten stories but instead selected quotes and links — as bloggers do.
I also believe that in an economy of links, the AP should reconsider its role. Many years ago, when I still worked for a newspaper company, I told the AP that I thought it should become an ad network; that’s what we need. Maybe it should be an aggregator, or perhaps a curator. But I do not think there is a future in acting as an owner of recycled content in an age when the link also commodifies all information in an instant. That becomes a pointless game of wack-a-mole that turns us — the AP’s readers and promoters — into moles.
My suspicion is that it’s the lawyers who got the AP into this mess. My best advice for the AP’s executives is that they should try to practice the bloggers’ ethic of the link and quote themselves (updating their news values with one more value). My next-best advice is that they should walk down the hall and tell the lawyers to put a damned sock in it or send them off for a very long off-site on a golf course where they can do no harm. This is not going to be resolved enforcing the fine print of outmoded laws built for an extinct age. This is a constantly changing landscape that must be maneuvered with flexibility and openness. But if those lawyers continue to threaten bloggers who know more about this new age and are only practicing their appropriate ethics, I will continue to use this space to suggest where socks should go.
[Disclosures: I have many dogs in this hunt, which I try to point out whenever I write about this but I'll make a fuller statement here. I am speaking for myself and none of those dogs. I am a partner at Daylife, which collects news and is a platform for links among news sources. I am on the board of Publish2, which will provide a platform for journalists to provide links to their sources. I am a member of the Media Bloggers Association, whose founder, Bob Cox, a more reasonable man than I, is talking with the parties in this story. I am writing a book about Google and believe that its role as aggregator, linker, scraper, and search engine is vital to the new ecology of media. I quote from and link to AP and others' stories constantly. I have worked with and consider myself a friend of the AP, though they might disagree right now.]