TWN
THE WASHINGTON NEWSPAPER
TAKE AIM FOR BNC How to enter, new rules, PAGE 5 Ben Watanabe/South Whidbey Record, Langley
Vol. 98, No. 4 April 2013
Journal of the Washington Newspaper Publishers Association and Allied Daily Newspapers of Washington • www.wnpa.com
It’s official: Legislative Day is April 11 M
embers of Allied Daily Newspapers of Washington and Washington Newspaper Publishers Association will gather at the State Capitol in Olympia on Thursday, April 11 for Legislative Day 2013. The date is later than usual, but the importance of your participation is unchanged. The day’s activities begin in
Conference Room ABC in the John A. Cherberg Building (the Senate office building). Rowland Thompson, executive director of Allied, will open with a legislative briefing from 10 to 10:45 a.m. We’ll hear remarks by the legislative leadership from 11 a.m. to 12:30 p.m. During lunch, John Batiste, Chief of the Washington State
ON THE WEB
Legislative Day registration: www.wnpa.com/events Patrol, is scheduled to speak. State elected officials begin speaking at 1 p.m., followed by additional legislative leaders and state government officials from 2:45 p.m. to 3:30 p.m.
The day’s final events are a reception at the Temple of Justice at 4 p.m., hosted by Chief Justice Barbara Madsen, and dinner at the Governor’s Mansion at 5:30 p.m., hosted by Gov. and Mrs. Inslee. Please bring current photo ID for entry to the mansion. Registration is due Thursday, April 4. Register at www.wnpa. com/events and pay by credit
card online or download a registration form to mail with a check. If you choose the mail-in option, please inform Mae Waldron of your plans by email also. Please address any questions to Waldron at mwaldron@wnpa. com or (206) 634-3838 ext. 2. Heather Clarke is the contact for Allied members, heather@ clarkecompany.net or (360) 628-8129.
VAULTING TO EXCELLENCE
Damian Mulinix/Chinook Observer, Long Beach
The judges said, ‘Wow... lines and curves at the perfect moment. A photo for the ages,’ and awarded first place for Sports Action Photo, Circulation Groups II-IV Combined, to Damian Mulinix of the Chinook Observer in Long Beach, in the 2012 Washington Better Newspaper Contest.
Icing Meltwater: AP wins in key copyright action Court: Reselling news excerpts from Web not a fair use Davis Wright Tremaine LLC
O
n March 21, the U.S. District Court for the Southern District of New York issued a sweeping decision in favor of Davis Wright Tremaine’s client, The Associated Press, in its copyright infringement suit against Meltwater News, an online
media monitoring service. For years, Meltwater and other companies have maintained that content published and freely available on the Internet can be scraped, compiled, and commercially re-sold under the guise of fair use. This decision seriously undermines that proposition and recognizes that Meltwater cannot “free ride on the costly news gathering and coverage work performed by other organizations.” AP filed suit against Meltwater in February 2012, accusing it of copyright infringement and
related claims. Meltwater is a commercial media-monitoring service that provides its paying customers with daily “News Reports” containing excerpts— include the headline and lede— from news articles scraped from the Internet on topics selected by the customer. After a period of expedited discovery, the parties submitted summary judgment motions on Meltwater’s liability for copyright infringement. Meltwater argued that it operated as an Internet search engine, and
that its use of AP content was therefore protected by the fair use doctrine. The court’s March 21 opinion resoundingly rejected that argument. One of the significant legal questions presented by this case was whether Meltwater’s use of news content placed it in a line of precedents about traditional clipping services—which have not been treated by courts as a fair use—or whether it was more fairly considered a “search engine” akin to uses approved by
the Ninth Circuit in Perfect 10 v. Amazon and Kelly v. Arriba. In her 91-page opinion, U.S. District Judge Denise L. Cote carefully examined the nature of Meltwater’s use of news content in its Meltwater News service and found Meltwater to be “a classic news clipping service,” whose use of content was neither transformative nor fair. As the Court noted, “Meltwater copies AP content in order to make money directly from the undiluted use of the See RULING, page 2