"The AP was determined to get the first copy," Oreskes [a senior managing editor] wrote, detailing how the writers learned a store had "inadvertently placed the book on sale five days before its official Nov. 17 release date." "They bought a copy, ripped it from its spine and scanned it into the system so it could be read and electronically searched," he wrote.I do think this is fair use: it's an intermediate use with the ultimate product distributed to the public being a fair use, indeed a canonical fair use--quotation for purposes of critical review. (Albeit a scoop, a little reminiscent of Harper & Row v. Nation.) But it would behoove the AP to take note that a robust fair use doctrine is good for news reporting, given the AP's high-protectionist stance in other instances.
Friday, November 20, 2009
Actually, the AP likes fair use after all
At least when it's the AP doing the copying! TPM reports that an internal AP memo explains its fact-checking process on Sarah Palin's new book: