October 2010

When BurrellesLuce first launched its turnkey copyright compliance program in 2008, it also released a white paper on "Copyright Compliance: What Every Media Relations Professional Needs to Know." The white paper helped to start an industry dialogue on copyright — addressing why compliance matters to communications professionals — and continues to serve as a basic primer on copyright law.

Fast forward two years and very little has changed in terms of copyright law itself. Copyright still legally protects original creative works such as: literary works, including articles from newspapers and magazines; songs, including words and music; plays and choreographed dances; art; motion pictures; sound records; architectural works, etc. Copyright exists from the moment a work is created (i.e., it doesn't have to be registered with the U.S. Copyright Office in order to be protected.)

What has changed, however, is the position that content providers (i.e., publishers) have taken regarding copyright. This renewed focus on copyright and fair use directly impacts public relations professionals.

Case Study: Organizations StandUp for Copyright Enforcement and Anti-Piracy

In early 2010, the SIIA, the principal trade association for the software and digital content industries, announced in this press release that in 2009 it had awarded its "highest ever anti-piracy reward" - of $127,000 - as part of its Corporate Anti-Piracy Program, which relies on the cooperation of informants.

As noted in the same release, "Since SIIA's Anti-Piracy Rewards Program began in 2003, no other trade association has given out more rewards in an effort to combat software and content piracy." Through its efforts the SIIA is leading the way for others to enforce laws against copyright infringement and piracy.

For example, News Corp. made headlines with Rupert Murdoch, "vows to stop Google and others from taking its content."

AP President and CEO Tom Curley recently highlighted "an effort [...] to track websites engaged in content 'scraping.'" But its efforts don't stop there. As quoted in this press release, "The Associated Press is working with news providers to create a new rights clearinghouse that will enable broader and better access to original news reporting [...] At the same time, AP is also expanding its development of white label apps and content modules for the growing array of handheld devices."

In short, news organizations and industry groups are taking copyright infringement seriously. The aim is to control and monetize content.

The Facts are "Free"

The media landscape is changing as content channels become increasingly fragmented. The rise of digital media has made it easier to share and disseminate content across a wide variety of mediums including print, online, and mobile. This has given rise to the belief that content should be accessible to anyone, at anytime, and from anywhere.

However, contrary to the popular opinion, content is not "free." It never has been and never will be. Even if publishers and distributors choose to host their content online without a pay wall, it still costs time, money, and resources to produce the article and verify the information. In other words, the facts may be free but there is still a cost of production that comes with creating a story.

The content and information audiences view every day on the web and via digital apps are paid for by somebody, usually advertisers. Because of rising costs and changing demands, these revenue streams are no longer adequate to support the publishers' business model. If we want reliable, vetted information we have to support its creation. In other words, we have to pay for it — whether that's through a pay-as-you-read model, a premium subscription or purchasing reprint rights to an article.

Case Study: PR Agencies Subject to Liability

Though digital technology offers a variety of opportunities to gain exposure for your company, brand or client, it also creates many challenges. For marketing and PR practitioners looking to prove the value of their media relations efforts, digital content (particularly that found on the web and in online news) has made it easier to share results. But even the most well-intentioned sharing, can violate copyright law. Take the case of Kirvin Doak, one of the largest PR agencies in Nevada.

As noted in this Las Vegas Sun article , "Like a few other Righthaven defendants, Kirvin Doak was sued for posting a Review-Journal story on its website that appeared to include quotes and information Kirvin Doak made available to the Review-Journal and other news organizations." Although Kirvin Doak has done business with the LVRJ for quite a number of years, they brought suit by Righthaven for posting content to their website without permission — despite the fact that the stories linked back to the original source and author. Though the case was settled, the battle over copyright continues to play out in the media as counter-suits have recently been filed by individuals and organizations believing the relationships between the LVRJ and Righthaven to be a "sham." The case brings to light the interesting tension that copyright creates for both publishers and PR agencies.

BurrellesLuce Facilitates Copyright Compliance

BurrellesLuce is already working to keep you and your company on the right side of copyright law. We monitor thousands of publications, and negotiate agreements with publishers (Read about our new agreement with the Financial Times) relating to how our clients can use the clips we find for them.

On behalf of publishers, we collect a royalty fee for each article and for the average number of self-declared internal copies of that article our client makes. With this arrangement, our clients understand the value of the content, and the publishers are supported. A nominal fee makes it easy for your business to operate within the BurrellesLuce service using copyrighted material. We also keep you informed of the latest developments in copyright law, so you stay on top of recent changes and news.