Get charged to see your own news coverage? Yes you can

Court rules Newspaper Licensing Agency can charge organisations to see their own coverage.

Bit of a weird one, this. The High Court has ruled that anyone getting clippings of online newspaper articles should pay a licence fee to the Newspaper Licensing Agency - which is owned by eight of the UK's largest newspaper publishers - even if they can only see the headline of the story, the line of text where their company's brand appears and the link to the article.

Clippings service and news aggregator Meltwater News had argued that while it is happy to pay a licensing fee to the NLA itself, its customers should not be considered to be infringing copyright for simply seeing where their company is mentioned in online newspaper clippings.

Newspapers don't have to pay anything to brand owners when they write about them, of course. Which means Nike may have to pay to see where its name is used in newspapers, while newspapers can use Nike's brand for free to help drive readers, web traffic and hence advertising revenues.

But a judgement issued yesterday by Mrs Justice Proudman ruled that end-users who paid aggregator Meltwater News to distribute online newspaper content in the form of a news monitoring service should also obtain a license to do so from the Newspaper Licensing Agency (NLA).

Meltwater's CEO Jorn Lyseggen told the NS that while he was disappointed by the decision, the firm intends to appeal, and that the main focus should be on a forthcoming Copyright Tribunal decision which will rule on the reasonableness of the NLA's licensing terms for online content.

"This High Court issue is just something that the NLA threw up to get in the way [of the Copyright Tribunal]," said Lyseggen. "It's a disappointing verdict which has dramatic consequences for the UK Internet ecosystem."

As Lyseggen pointed out, the ruling means that in theory users of the Internet should obtain a license from the NLA to view copyrighted material even when it is not protected behind a 'pay-wall'. "A user reading a poem online that is copyright could mean they need to pay a license fee, even though it has been posted online free," said Lyseggen. "There are very serious consequences of this verdict."

David Pugh, managing director of the NLA, welcomed today's ruling. "We hope this ruling will help ensure a fair share of web monitoring revenue for publishers and a fair media monitoring market," he said.

"Creating news content for the web is a substantial investment for publishers - it is therefore only right that they take a share when others are profiting from it. We estimate the total UK market for online news monitoring to be worth around £10 million," said Pugh.

But Meltwater's Lyseggen was unmoved. "We will appeal this verdict, we think this verdict is a misinterpretation of copyright law. If this ruling stands it will be a significant step back for the UK Internet ecosystem," he said.

"If the court upholds this decision then we think the courts need to take a closer look at copyright law and see if it needs to be more up-to-date for today's world," said Lyseggen.

He also noted that Meltwater News would object less if the license fees that the NLA wants to charge end users were lower. "In principle if the court rules that there must be a license then although we disagree, that's one thing," said Lyseggen. "But the licence should reflect the small amount of copyrighted material being accessed."

Justice Proudman granted permission to appeal her decision; Meltwater's CEO says it will.

 

Jason Stamper is NS technology correspondent and editor of Computer Business Review.

 

 

 

Jason Stamper is editor of Computer Business Review

Steve Garry
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The footie is back. Three weeks in and what have we learned so far?

Barcleys, boots and big names... the Prem is back.

Another season, another reason for making whoopee cushions and giving them to Spurs fans to cheer them up during the long winter afternoons ahead. What have we learned so far?

Big names are vital. Just ask the manager of the Man United shop. The arrival of Schneiderlin and Schweinsteiger has done wonders for the sale of repro tops and they’ve run out of letters. Benedict Cumberbatch, please join Carlisle United. They’re desperate for some extra income.

Beards are still in. The whole Prem is bristling with them, the skinniest, weediest player convinced he’s Andrea Pirlo. Even my young friend and neighbour Ed Miliband has grown a beard, according to his holiday snaps. Sign him.

Boots Not always had my best specs on, but here and abroad I detect a new form of bootee creeping in – slightly higher on the ankle, not heavy-plated as in the old days but very light, probably made from the bums of newborn babies.

Barclays Still driving me mad. Now it’s screaming from the perimeter boards that it’s “Championing the true Spirit of the Game”. What the hell does that mean? Thank God this is its last season as proud sponsor of the Prem.

Pitches Some groundsmen have clearly been on the weeds. How else can you explain the Stoke pitch suddenly having concentric circles, while Southampton and Portsmouth have acquired tartan stripes? Go easy on the mowers, chaps. Footballers find it hard enough to pass in straight lines.

Strips Have you seen the Everton third kit top? Like a cheap market-stall T-shirt, but the colour, my dears, the colour is gorgeous – it’s Thames green. Yes, the very same we painted our front door back in the Seventies. The whole street copied, then le toot middle classes everywhere.

Scott Spedding Which international team do you think he plays for? I switched on the telly to find it was rugby, heard his name and thought, goodo, must be Scotland, come on, Scotland. Turned out to be the England-France game. Hmm, must be a member of that famous Cumbrian family, the Speddings from Mirehouse, where Tennyson imagined King Arthur’s Excalibur coming out the lake. Blow me, Scott Spedding turns out to be a Frenchman. Though he only acquired French citizenship last year, having been born and bred in South Africa. What’s in a name, eh?

Footballers are just so last season. Wayne Rooney and Harry Kane can’t score. The really good ones won’t come here – all we get is the crocks, the elderly, the bench-warmers, yet still we look to them to be our saviour. Oh my God, let’s hope we sign Falcao, he’s a genius, will make all the difference, so prayed all the Man United fans. Hold on: Chelsea fans. I’ve forgotten now where he went. They seek him here, they seek him there, is he alive or on the stairs, who feckin’ cares?

John Stones of Everton – brilliant season so far, now he is a genius, the solution to all of Chelsea’s problems, the heir to John Terry, captain of England for decades. Once he gets out of short trousers and learns to tie his own laces . . .

Managers are the real interest. So refreshing to have three young British managers in the Prem – Alex Neil at Norwich (34), Eddie Howe at Bournemouth (37) and that old hand at Swansea, Garry Monk, (36). Young Master Howe looks like a ball boy. Or a tea boy.

Mourinho is, of course, the main attraction. He has given us the best start to any of his seasons on this planet. Can you ever take your eyes off him? That handsome hooded look, that sarcastic sneer, the imperious hand in the air – and in his hair – all those languages, he’s so clearly brilliant, and yet, like many clever people, often lacking in common sense. How could he come down so heavily on Eva Carneiro, his Chelsea doctor? Just because you’re losing? Yes, José has been the best fun so far – plus Chelsea’s poor start. God, please don’t let him fall out with Abramovich. José, we need you.

Hunter Davies is a journalist, broadcaster and profilic author perhaps best known for writing about the Beatles. He is an ardent Tottenham fan and writes a regular column on football for the New Statesman.

This article first appeared in the 27 August 2015 issue of the New Statesman, Isis and the new barbarism