linking to AP material and using headlines and short summaries in those links. Many bloggers and experts noted that the use of the AP news fell squarely under commonly accepted internet practices and within fair use standards.[13] Others noted and demonstrated that AP routinely takes similar excerpts from other sources, often without attribution or licenses. AP responded that it was defining standards regarding citations of AP news.[14]
Copyright and intellectual property[edit]
In August 2005, Ken Knight, a Louisiana photographer sued[15] the Associated Press claiming that the AP had willfully and negligently violated Knight's copyright by distributing a photograph of celebrity Britney Spears to various media outlets including, but not limited to: truTV (formerly CourtTV), America Online and Fox News. According to court documents the AP did not have a license to publish, display or relicense the photographs. The case was settled by the parties in November 2006.
In a case filed February 2005, McClatchey v. The Associated Press, a Pennsylvania photographer sued the Associated Press claiming that the AP had cropped a picture to remove the plaintiff's embedded title and copyright notice and later distributed it to news organizations without the plaintiff's permission or credit. According to court documents the parties settled the lawsuit.[16]
In April 2011, Patricia Ann Lopez, a New Mexico courtroom sketch artist, sued the Associated Press claiming that the AP had violated her copyrights by reselling her images without a license and had deceptively, fraudulently and wrongfully passed off the artist's work as its own.[17] According to court documents the AP did not have a license to resell or relicense the images.
Shepard Fairey[edit]
In March 2009, the Associated Press counter-sued artist Shepard Fairey over his famous image of Barack Obama, saying the uncredited, uncompensated use of an AP photo violated copyright laws and signaled a threat to journalism. Fairey had sued the Associated Press the previous month over his artwork, titled "Obama Hope" and "Obama Progress," arguing that he did not violate copyright law because he dramatically changed the image. The artwork, based on an April 2006 picture taken for the AP by Mannie Garcia, was a popular image during the presidential campaign and now hangs in the National Portrait Gallery in Washington. According to the AP lawsuit filed in federal court in Manhattan, Fairey knowingly "misappropriated The AP's rights in that image." The suit, which also names Fairey's companies, asks the court to award AP profits made off the image and damages. "While (Fairey and the companies) have attempted to cloak their actions in the guise of politics and art, there is no doubt that they are profiting handsomely from their misappropriation," the lawsuit says. Fairey said he looked forward to "upholding the free expression rights at stake here" and disproving the AP's accusations.[citation needed] In January 2011 this suit was settled with neither side admitting their position was wrong but agreeing to share reproduction rights and profits from Fairey's work.[18]
Hot News[edit]
In January 2008, the Associated Press sued competitor All Headline News (AHN) claiming that AHN allegedly infringed on its copyrights and a contentious 'quasi-property' right to facts.[19][20] Th
Copyright and intellectual property[edit]
In August 2005, Ken Knight, a Louisiana photographer sued[15] the Associated Press claiming that the AP had willfully and negligently violated Knight's copyright by distributing a photograph of celebrity Britney Spears to various media outlets including, but not limited to: truTV (formerly CourtTV), America Online and Fox News. According to court documents the AP did not have a license to publish, display or relicense the photographs. The case was settled by the parties in November 2006.
In a case filed February 2005, McClatchey v. The Associated Press, a Pennsylvania photographer sued the Associated Press claiming that the AP had cropped a picture to remove the plaintiff's embedded title and copyright notice and later distributed it to news organizations without the plaintiff's permission or credit. According to court documents the parties settled the lawsuit.[16]
In April 2011, Patricia Ann Lopez, a New Mexico courtroom sketch artist, sued the Associated Press claiming that the AP had violated her copyrights by reselling her images without a license and had deceptively, fraudulently and wrongfully passed off the artist's work as its own.[17] According to court documents the AP did not have a license to resell or relicense the images.
Shepard Fairey[edit]
In March 2009, the Associated Press counter-sued artist Shepard Fairey over his famous image of Barack Obama, saying the uncredited, uncompensated use of an AP photo violated copyright laws and signaled a threat to journalism. Fairey had sued the Associated Press the previous month over his artwork, titled "Obama Hope" and "Obama Progress," arguing that he did not violate copyright law because he dramatically changed the image. The artwork, based on an April 2006 picture taken for the AP by Mannie Garcia, was a popular image during the presidential campaign and now hangs in the National Portrait Gallery in Washington. According to the AP lawsuit filed in federal court in Manhattan, Fairey knowingly "misappropriated The AP's rights in that image." The suit, which also names Fairey's companies, asks the court to award AP profits made off the image and damages. "While (Fairey and the companies) have attempted to cloak their actions in the guise of politics and art, there is no doubt that they are profiting handsomely from their misappropriation," the lawsuit says. Fairey said he looked forward to "upholding the free expression rights at stake here" and disproving the AP's accusations.[citation needed] In January 2011 this suit was settled with neither side admitting their position was wrong but agreeing to share reproduction rights and profits from Fairey's work.[18]
Hot News[edit]
In January 2008, the Associated Press sued competitor All Headline News (AHN) claiming that AHN allegedly infringed on its copyrights and a contentious 'quasi-property' right to facts.[19][20] Th
