Jack McElroy has an interesting blog post (no irony there) on the latest installment of the lingering "death of journalism," the new and elevated threat level designation for the "death of newspapers."
It seems the media, and newspapers in particular, are looking to a legal theory of common-law unfair competition to save them from "free-riders."
continued...
In this LA Times op-ed, First Amendment lawyer David Marburger and his brother Dan Marburger, an economics professor, propose a one sentence change to copyright laws to implement it: "The copyright act does not abolish statutory or common-law unfair competition or unjust enrichment, regardless of whether the contested publication infringes copyright."
At issue are blogs and "new media" websites who rewrite original mainstream media reporting of facts, and "aggregators" who excerpt large portions of such original reporting. The argument is that these practices diminish the value and newsworthiness of the original reporting and that "new media" competitors are unfairly profiting from the work of the original reporting organizations.
Jack McElroy directs us to his friend and colleague John Temple, former publisher of the now-defunct Rocky Mountain News, for a more in-depth discussion of the issue with some thought-provoking examples of how the theory would work in practice.
A recent on-point example is a dustup between the Washington Post and Gawker, which you can read about here. Setting aside the debate about when "fair use" crosses a line into copyright infringement, mainstream media could argue that this is an example of "unfair competition."
Others argue that the Washington Post reporter should be flattered that someone noticed his work. Aunt B, writing in the Nashville Scene, argues that instead of "pissing and moaning" about his work being ripped off, the reporter should be happy it was noticed and the paper should be thankful for the exposure. In comments defending her position, Aunt B's logic is that the reporter got something for free from the subject of the article (the interview) so why shouldn't Gawker be able to use it for free?
Missing in that argument is a) the fact that the original reporting was not obtained for free (the reporter was paid for his reporting and the editors were paid to edit it and the typesetters and press operators were paid to print it and the webslingers were paid to format and post it and advertisers paid for getting all that done), and b) Gawker would not have had a story if not for (a).
What all this really boils down to is the perceived value of information, and who is willing to pay for it.
I have long argued that it is not the internet that is killing newspapers. It's a generation of people raised on "free" advertiser-supported radio and television, followed by a "Napster" generation conditioned to believe information should be "free."
People want to be informed, entertained, stimulated, and engaged. (Mostly entertained, it would seem, judging from the popularity of stories such as the latest County Commission buffoonery or public figure sex scandal.) They just don't seem willing to pay for it beyond the minor inconvenience of being mildly annoyed by some occasional advertising, the price of which is buried in the cost of the goods and services they consume.
Curiously, though, people who aren't willing to pay for content are perfectly willing to pay for its delivery. Someone who pays $100 per month for cable TV wouldn't pay ten cents to watch a local TV news story. People who pay $40 a month for broadband internet wouldn't pay a nickel to read a newspaper story online. People who pay $70 per month for an iPhone complain about paying 99 cents to download a song to play through their cheap headphones, or worse go out and find an illegal copy for free.
The end game of information devaluation and the "death of journalism" is that we will all have to go out and find or create it ourselves. Then we might appreciate its value. Trust me, sitting through a four hour County Commission meeting makes paying fifty cents to read the latest Lumpyism in the News Sentinel seem like a real bargain. Reading it online for free is a steal.
Anyway, a note to fellow bloggers and "new media" types: If you want to avoid crackdowns on content sharing or, worse, become a test case for the legal theory of unfair competition, respect the original work of others, whether it's a newspaper or another blog.
Cite your sources. Don't rewrite original reporting (I've been guilty of that). Post a headline and link to the original, adding your thoughts and commentary as appropriate. Don't excerpt more than necessary to pique the reader's interest in following the link. A good, short excerpt should drive traffic to the source. Lengthy excerpts that contain the essence of the article are not fair to the author and publisher of the original. Of course, copying and pasting an entire article or photo is a clear copyright violation and illegal, even if you attribute it with a link. As the aforementioned Washington Post reporter says, "respect the genuine article."
All that said, it works both ways. Newspapers and other media obviously mine blogs and other "new media" for stories. They should acknowledge their sources, too. And by the way, if newspapers are going to demand payment from websites who link and excerpt their stories, are they also going to pay a commission for page views generated by the links? That's a debate for another day.
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Whiners
First off...I agree that digitally reprinting an article as is and charging for views is wrong. In practice, however, that never seems to be the only thrust of actions such as this one. The extent of the constraints are onerous to the point that it appears they want to impose would be to prohibt even short quotes and links...the blog equivalent of saying "Go read this piece in the newspaper." Is that what they want?
Second...I do think that reposting an article in the context of disagreeing with it, correcting misinformation, or calling the original publisher out on badly done work is totally fair and must be legal.
If newspapers could(would) really deliver good accurate reporting on a consistant basis without disingenuous slant and editorial bias, they would be in far less dire straights. New Media has risen because of the failings of Old Media. They have excellent journalists for the most part but simply don't allow them to do excellent work in many cases. Whether this is due to time and money constraints is debatable. Blogs are now put in the Constitutional position of being the checks and balances on the entities that were supposed to be the Constitutional checks and balances on everything else. When Old Media joined the corporate wings of political parties they turned onto the road of irrelevancy. Now they want to cover their inadequacies with legal actions typical of failing monopolies.
I hope that the courts realize that the Constitutional obligation is to protect the public's right to accurate information rather than a failing business model.
You are correct that
You are correct that degradation of "old media" has weakened their position. I would attribute more of that degradation to laziness, sloppiness and most significantly, pursuit of the almighty dollar. Fox news is the way they are because they are chasing a loyal audience, not because they have actual conservative convictions. The 24-hour news cycle also undermines the quality of sourcing and fact-checking, and the misconception that uncritically regurgitating positions advocated by "both sides" is balanced reporting represents physical and intellectual laziness now ingrained into much of the "old media" culture. All this does indeed detract from the value of these resources.
Really, though, the idea that blogs are the shining light probably represents the same kind of intellectual laziness as that "both sides" thing. Surely there are bloggers who pursue a certain level of quality in their efforts, just as there are still old media outlets that continue to do decent work. Nonetheless, the blogosphere on average represents a vast wasteland of uninformed opinion and conspiracy theories. When it lives up to expectations, the thing that old media has to offer is editorial standards. There is value to a separation of duties between reporting and editing. Even the best of blogs don't generally include that level of quality control. Certainly some bloggers end up fact-checking one another back and forth in a form of debate, but that happens out in the open, enabling the release of unreviewed information which can then be propagated and repeated ad infinitum even when debunked. A good editor can smack that sort of thing down before it ever gets out and does damage to the great pursuit of truth. When some of them realize that quality of information is the trump card of "old media," they will have the answer to their problems. The blogosphere and 'new media' will continue to have a role, but ultimatley represent a world of dubiousness at best.
If you want to avoid
If you want to avoid crackdowns on content sharing or, worse, become a test case for the legal theory of unfair competition, respect the original work of others, whether it's a newspaper or another blog.
Or music, or computer software.
Steve, I agree with you 100%
Steve, I agree with you 100% on the public interest aspects of this debate.
From a business standpoint, you mention something else that I skipped because my post was already too long and in the weeds.
Another reason information is devalued is because of the quality of the information and the reporting. Starting with editorial decisions about what to cover (and what not to cover), continuing with how it's covered and even the poor writing and wrong facts sometimes, on to the bias that is frequently obvious, even if its just the way a headline is worded or where the story is placed.
(Which is one reason I still like to read the paper in print. You get an entirely different perspective on their editorial slant v. the web edition.)
And newspapers have no one to blame other than themselves for that.
Here's another wrinkle:
Here's another wrinkle: couldn't a serious blogger who is unable to get an interview with a public official while a newspaper reporter gets the same interview accuse the paper of unfair trade, or restraint of trade? A reporter regularly uses their "credentials" to gain access, to get interviews. What exactly are those credentials? Their TPA membership, I guess. I inquired some months back as to the status of the TPA allowing freelancers or independent writers to join. The unofficial response I got was that they were finally getting to a decision on granting membership to the alt/weeklies like MetroPulse, and that they weren't even considering freelancers. Maybe things will change, but talk about being behind the times. Especially as newspapers shed more writers, more and more writers will become independent, and less will "qualify" as members of "credentialed" media; eg. they won't be working for a daily paper.
Talk about barriers to entry. It borders on restraint of trade.
Had newspapers done their job, they'd been bettered received
The print media and eventually the broadcast/digital media were given first amendment protection, given their role in watching the operations of the government on all levels. However, many media outlets, local, regional and national, chose to park objectivity, abandon the watchdog role, and became cheerleaders and slanted news outlets, more focused on making the news rather than simply reporting the news and keeping a public eye on the happenings of the government. When the media abandons its role, which established its first amendment protections, there is no sympathetic audience which find any reason to bail out an industry which has failed miserably at what its essential role is.
Perhaps there is no greater model of this abandoned role than the Knoxville News-Sentinel. After the struggles of the Knoxville Journal Company, a publishing switcheroo, when the News Sentinel became the morning paper and the Journal became the afternoon paper, and eventually the death of the Journal, the News-Sentinel immediately parked all objectivity, followed Victor Ashe around as if he was some god given talent to public service (which he was not - see Knoxville Convention Center, Smokies Ballpark in Sevierville, Chattanooga Aquarium in Chattanooga, etc.) and became a spokesperson outlet for Knoxville City government and continued to lambast county government under Dwight Kessel. More recently the local rag has been a big follower of shenanigans in county government, faily miserably to do the necessary investigative reporting which usually accompanies misdeeds in public office and which usually preceeds the uncovering of these improper actions. The daily rag still hasn't bothered to ask anybody why Knox County taxpayers spent $5 million on an industrial park in Blount County under Mike Ragsdale.
In short, the journalistic standards for excellence were abandoned by the News-Sentinel (and probably Scripps as they entered the entertainment arena with HGTV, DIY, and the Food Channel) and the ongoing struggles of their newspaper, their lack of business, their lack of subscribers, their lack of advertisers, and their lack of relevance to the community are all too well deserved, given the manner in which they have conducted themselves over the past 20 year. I cancelled by subscription 10 years ago and continue to boycot businesses which let these people shill subscriptions at their front door. I doubt anybody would miss the news sentinel in print, in my opinion, it hasn't been there for a number of years in a journalistic standard worth buying.
The KNS
Jack McElroy directs us to his friend and colleague John Temple, former publisher of the now-defunct Rocky Mountain News, for a more in-depth discussion of the issue with some thought-provoking examples of how the theory would work in practice.
It is helpful to get the opinion of a newspaper publisher who just lost his paper? I seriously doubt that the Rocky Mountain News went under because people linked to their stories.
Rigsby Werner writes, "Perhaps there is no greater model of this abandoned role than the Knoxville News-Sentinel. After the struggles of the Knoxville Journal Company, a publishing switcheroo, when the News Sentinel became the morning paper and the Journal became the afternoon paper, and eventually the death of the Journal, the News-Sentinel immediately parked all objectivity, followed Victor Ashe around as if he was some god given talent to public service (which he was not - see Knoxville Convention Center, Smokies Ballpark in Sevierville, Chattanooga Aquarium in Chattanooga, etc.) and became a spokesperson outlet for Knoxville City government and continued to lambast county government under Dwight Kessel. More recently the local rag has been a big follower of shenanigans in county government, fail miserably to do the necessary investigative reporting which usually accompanies misdeeds in public office and which usually precedes the uncovering of these improper actions. The daily rag still hasn't bothered to ask anybody why Knox County taxpayers spent $5 million on an industrial park in Blount County under Mike Ragsdale."
That pretty well says it all.
Jack Mac has bigger problems inside the Sentinel rather than from outside the paper. His continued bias of "City good" "County bad" is nothing more than a long cycle PR campaign for Metro Government. He sank to the lowest point when he championed Commissioner Brigg's attempted overthrow of Knox County government by some legal mumbo gumbo from local attorney Tom McAdams. Commission sent this idea packing 12-5. A loss and a loss of face.
But the most bizarre thing yet is McElroy's attorney Rick Hollow defending Mike Ragsdale and his staff in front of the Ethics Committee last week. The same attorney who filed the Sunshine Lawsuit for the Sentinel. A lawsuit which greatly changed the composition of County Commission from pro-Sheriff's department to pro-Ragsdale. Mayor Ragsdale greatly benefited from McElroy's lawsuit.
From Jack McElroy, the one person who has done more to define and write about conflict of interest it is astounding to see the attorney for the Knoxville News Sentinel defend the County Mayor. The first thing Attorney Hollow did last Wednesday was accuse half of the Ethics Committee of conflict of interest.
Unbelievable.
Only in Knox County can things get this twisted. How much more conflict of interest can there be than the attorney for the Sentinel defending the County Mayor?
McElroy is the architect of his paper's problems. It really isn't a difficult job. Report the news, all of it. Keep it neutral in the reporting and keep the opinion to the editorial pages. McElroy defends advocacy journalism. The problem is his readers want to hear all sides of the issue. The readers do not want advocacy journalism. The result is declining subscriptions. Yet McElroy says the paper has the highest readership in history. That is from the click through on the Internet Sentinel site. But is that click through really readership? Or is it people using the Sentinel as a blog forum?
After benefiting greatly from the Internet Sentinel readership now McElroy wants to be all proprietary and limit people linking stories from the Sentinel? It makes no sense.
McElroy wouldn't care how
McElroy wouldn't care how far and wide KNS stuff got linked so long as KNS could be compensated for it. That's the issue. Make sense now?
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Dirty deeds done dirt cheap! Special holidays, Sundays and rates!
In Knox County, it's the shrinking pie syndrome
Jack Mac and Rickker Hollow are just trying to make a buck in a community where bucks are hard to come by.
Hollow is a very good lawyer and extremely articulate, but in my opinion, his best cases and big wins are long behind him, he's just out there trying to make a buck in this town from whoever will pay the $250 an hour rate, if Satan could pay the initial retainer, he'd find counsel in this town that also represents the News-Sentinel and what's left of the old line business community around here.
The lawyers, the bankers, the spin shops, the broadcast media, and the media outlets are all chasing the same business people in the community, all day long, looking for a nugget to keep their operations running and avoid running into the ditch like Goody's, IdleAire, ImagePointe, Sea Ray, the Orangery, Amerigo's, Delmar Haynes Pontiac/Jeep, Burgin Dodge, Ruby's West Town and Ruby's Bearden and the others in the community which have occassioned layoffs, closures, wage reductions, extra vacation furloughs without pay, and hourly reductions.
Look at the yellow pages in 1998 and the version which just came out and you'll see the contracting local economy and the loss of a number of jobs, businesses, and community sponsors for the arts, entertainment, and culture.
The economic pie known as Knoxville and Knox County continues to shrink with or without a recession.
Editorial Quality
One of the problems with being a one newspaper town is that lack of competition does tend to breed lazy journalists. Still, there are examples for comparison. The News Sentinel is the most credible source of news in this community when considered in the broader context. I'll put the NS up against any of the TV or radio stations for quality, timeliness and objectivity.
Another problem with being a one newspaper town is that the readers lose their perspective about what is good or bad journalism. They have nothing to compare when making their criticism. Most journalism critics wouldn't know real journalism if it jumped out of a tree and started grawing on their scalp like a rabid squirrel.
One way to gain such perspective is to read papers in other communities. The NS is one of the best newspapers in Tennessee, as it should be. Compare the NS to other newspapers in medium sized cities across the US and it will be apparent that McElroy runs one of the best newspapers in any medium sized city in the country.
To make such comparisons requires travel to other parts of the country or at the least an interest in what's going on in other parts of the country. One look at the airport service in Knoxville makes it apparent that not many people come and go around this place. I wonder how they get the perspective to criticize.
Oh yeah, and the fact that most of the residents of Knoxville are more concerned about college football than local government, really makes me wonder how they can criticize the NS coverage of anything other than the SEC. I never hear any complaints about bias in the sports pages.
I judge newspapers by the
I judge newspapers by the relevance and accuracy of the information published. It's an absolute scale in the "Is all the pertinent information presented accurately?" sense.
Saying somethin like "The NS is one of the best newspapers in Tennessee" seems like one of those fluffy statements that isn't ultimately meaningful. It could simply mean that the NS sucks less than the other newspapers in THIS state...Kinda like saying, "An above average Tennessee school."
This may all be true but it's not what we want or need. I know the job is dangerous and tough, but people on the inside need to listen to people on the outside.
I'm pretty certain that
John Adams and others would take issue with this...
Plus, for what it's worth, if you want really, really vitriolic, misogynistic, hate-filled blog posts, the sports blogs are far and away the industry leaders. They make the political pages look positively genteel and civilized.
Dwight Van de Vate
If Only!
Actually, I wish the rest of the newspaper could be as accurate as the sports pages. Get a batting average, and league standing, or a schedule wrong and other sports writers would jump all over you clammering for respect and reputation for accuracy.
But bigger than that is the fact that opinion is easily delineated from reporting, which is supposed to be fact based. Maybe this is the model newspapers have been looking for all this time? Sports announcing instead of reporting...
"We're 15 minutes into the TVA press conference and we're at 3 gross exagerations, 2 outright lies, with 4 angry landowners waiting on deck to rip Peyton Hairston a new one. Gil Francis just doesn't have his spin gibberish working today, as even the KNS reporter is shaking his head at the sorry performance. Francis, well known for his knuckle bull, seems to be losing control."
Good argument
They make a good argument for closing all the public libraries too!
After all, you can read copyrighted works, books, newspapers, magazines, lots of stuff, and all for free!
Better get started. Burn the books first!!
"If ignorance is bliss, why aren't more people happy?"