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June 6th, 2011 by Wadds

NLA ruling “absurd” says Cambridge IP Professor as Meltwater and the PRCA head back to court

Meltwater and the PRCA are back in the High Court next week to challenge the ruling from November last year that found in favour of the NLA. The ruling grants inbound internet links a copyrighted status that would require any businesses circulating them to obtain a licence from the NLA.

Tonight the PRCA organised a debate at the British Library with representatives from all of the parties concerned and an audience made up of professionals from the PR and media industry.

University of Cambridge IP Professor Lionel Bentley didn’t pull any punches when he called the original High Court ruling absurd. He said that on the same basis any headline, or title of a book or movie, has copyrighted status.

Bentley is by no means a lone voice among the legal community on this issue. I caught up with Intellectual Property & Media lawyer Steve Kuncewicz (@stevekuncewicz) of HBJ Gateley Wareing after the High Court ruling last year.

“This case only adds to the need for copyright reform to deal with businesses that are looking to thrive in a knowledge economy – if this judgment holds up, then the NLA will have a monopoly that even the old system couldn’t have intended. Meltwater would have to change their business model and PRs avoid sending aggregated versions of the coverage they generate,” he said.

The NLA Web End User Licence scheme as it stands would see everyone involved in distributing or receiving links on a commercial basis (monitoring agency, aggregator, agency and client) pay a levy. It is an attempt to prop up an old business model in a very limited way.

Google Alerts is excluded from the scheme as it is free at the point of source.

The NLA scheme is supported by its newspaper members, the majority of which outlaw the commercial distribution of links from their sites in their terms and conditions. Yes traditional media needs to protect its IP and build new business models but in 2011 when those same publishers increasingly rely on their audience to freely share and circulate content it seems increasingly outdated – and is almost certainly an application of the law in a way that was never intended.

The panel discussion kept returning to the fact that we’re at a time and a place where technology and digital media is ahead of business models, and more crucially the law. In that sense next week’s case in the High Court could be the start of the reform the UK’s archaic copyright laws.

Professor Ian Hargreaves made a start when he delivered his report on the UK’s IP framework last month. The Government’s response is expected later this month.

When I caught up with Meltwater’s CEO Jorn Lyssegen after the event he was philosophical about the forthcoming court battle that his firm is leading.

“We’ll look back at this debate in five or ten years’ time and it will be a tiny parenthesis in the history of copyright in the UK,” he said.

The PRCA should be congratulated for organising tonight’s event; the views of the PR industry continue to be well represented on this issue. And Meltwater as a lone voice among clipping agencies and aggregators deserves credit for leading the challenge, as does the NLA for turning up and openly debating this issue.

The case will be heard in the Court of Appeal between 15 and 17 June. Following the Court of Appeal, which will decide on elements of law relating to the proposed licence, a Copyright Tribunal hearing will be in September will determine the fairness of the proposed terms of the licence.

You can search the Twitter hashtag #focdeb for conversation from the event and a video replay of the full debate will be posted by the PRCA in the next few days.

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October 28th, 2010 by Wadds

NLA vs Meltwater: See you in court

The Newspaper Licensing Agency (NLA) heads to the High Court next month in a bid to settle its ongoing dispute with web aggregator Meltwater.

The NLA’s aim is to seek legal clarity on its licensing for the after market of web content. It believes that an agency or client that receives headlines, summaries and URLs, from a web aggregator or monitoring agency such as Meltwater, should be covered by a NLA licence.

Meltwater has the backing of the PRCA and believes that the NLA’s proposals for a web licence are flawed. The case is due to be heard sometime after 8 November.

If the NLA is successful the High Court case will be followed by a hearing at the Copyright Tribunal in February 2011, where Meltwater is seeking to establish whether or not the NLA’s web licensing scheme is fair to newspaper publishers and organisations that participate in the after market for web content.

Some newspaper publishers aren’t hanging around for either verdict. PaidContent reported in July that a number of newspapers were taking direct action to stop Meltwater from aggregating their content.

“The UK’s most popular online newspaper website has joined News Corp.‘s The Times, The Sun and News Of The World sites in barring the online media monitoring service Meltwater from crawling its articles, with a court action pending between UK newspapers and the company.”

Digital disruption
At Speed we’ve followed this issue for the past 12-months. It’s symptomatic of the state of the media and the disruptive nature of digital publishing. We’ve been fooled into thinking that online content is free by the NLA’s newspaper publisher members.

Up until recently these publishers have been willing to give away editorial content online for free in a bid to secure traffic around which they could build advertising revenues. It’s a model that has failed in all but a few exception circumstances.

The premise of both cases concerns what is free and what is fair. The media has hidden from these issues for too long. This High Court case is the thin end of the wedge and will surely flush out what the industry must confront.

Content costs
If business-to-business aggregators and press clipping agencies are generating an income from original content produced by a newspaper either in print or online shouldn’t they make a contribution to the original source?

We can argue over whether the NLA’s model is appropriate and how it should be applied throughout the PR supply chain but at its core the NLA is seeking to ensure that its members receive a contribution from anyone that generates income from the after market for their content.

It’s true that the income that is generated from the NLA’s web licensing scheme won’t prop up news print but the principle at stake is one of fairness. If you reuse or repurpose my content commercially I want a share of the action.

Try arguing against that point with a journalist that finds themselves out of work as publishers attempt to square-up to falling ad revenues and reorganise around a multi-channel proposition.

Google
The NLA remains insistent that Google as a consumer-facing service is not part of this debate and that its members have their own direct deals in place with the search giant.

I’m sure that this is an issue that Meltwater will challenge in the High Court. Google Alerts and Google News are almost certainly the most widely used frontline monitoring tools by agencies and brands in the UK and US.

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May 24th, 2010 by Wadds

NLA seeks High Court ruling on Meltwater challenge to web licensing

The NLA has played a bold stroke in its ongoing scrap with web aggregator Meltwater. It announced today that it will ask the High Court to rule on Meltwater’s opposition to the scheme.

NLA managing director David Pugh says that he wants to clear the matter up at the earliest opportunity rather than waiting for a judgment from the Copyright Commission in February 2011.

“We believe that clarity on all aspects of our web licences needs to be achieved as quickly and unambiguously as possible. The Copyright Tribunal will rule on the commercial aspects of NLA web licensing […] but the High Court is the proper place to decide on the legality of our web licences,” said Pugh.

We’ve followed this issue at Speed for the past year and whenever I hear of mates in the media losing their jobs I return to the issue.

We’ve been fooled into thinking that online content is free by the NLA’s newspaper publisher members.

Up until recently these publishers have been willing to give away editorial content online for free in a bid to secure traffic around which they could build advertising revenues. It’s a model that failed in all but a few exception circumstances.

We almost certainly won’t be having this argument in five or ten years time because by then publishers will either have gone bust or will have established robust financial models and mechanisms for protecting their content.

But for now the question remains. If business-to-business aggregators and press clipping agencies are generating an income from original content produced by a newspaper either in print or online shouldn’t they make a contribution to the original source?

We can argue over whether the NLA’s model is appropriate and how it should be applied throughout the PR supply chain but at its core the NLA is seeking to ensure that its members receive a contribution from anyone that generates income from the after market for their content.

It’s true that the income that is generated won’t prop up the ailing newspaper industry but the principle at stake is one of fairness. If you reuse or repurpose my content commercially I want a share of the action.

The NLA remains insistent that Google as a consumer-facing service is not part of this debate and that its members have their own direct deals in place with the search giant.

I struggle with this argument and am sure that it’s this issue that Meltwater will challenge if it can afford to pursue the case via the High Court. Google Alerts and Google News are almost certainly the most widely used frontline monitoring tools by agencies and brands in the UK and US.

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