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New German law may impose fees on aggregated content use

March 8th, 2012 | 1 Comment | Posted by in Journalism, Legal, Online Journalism

Germany’s governing centre-right coalition has proposed a new copyright law which would see content aggregators such as Google News paying royalties every time they index search results from news websites.

The proposal, which is available (in German) on the German Press Agency’s website states:

Commercial traders out there, such as search engines and news aggregators, should pay a fee to the publishers in the future for the distribution of press products (such as newspaper articles) on the internet.

Citing the German government’s original agreement, which states that online publishers “are not meant to be worse off” than other industries, the legislators suggest that the fee period should last for one year.

The fee proposals do not cover individuals using the material for private purposes and private users “will not be affected” by the proposal to charge for access.

Google has previously been sued for copyright infringement by French publishing houses Albin Michel, Flammarion and Gallimard, after the search giant scanned nearly 10,000 books for its Google Books site without permission.

The publishers later dropped their case against Google, saying they wanted to seek an “amicable solution to the litigation”.

In a similar copyright dispute in the UK, the Court of Appeal rejected arguments from the Public Relationships Consultants Association and news clippings service Meltwater that exemptions to copyright law could be applied to the content of newspaper websites, according to law firm Pinsent Masons.

In the UK, users of a clipping service must now have a licence from publishers to click on links taking them to a news website to avoid infringing the publishers’ copyrights, says Pinsent Masons.

A copyright tribunal said:

We reject the argument that requiring end user licensing under the WEUL (the Web End User Licence issued by the NLA), and at the same rates as the WEUL, is unreasonable.”

If Meltwater want to offer a headline only service to their end users they are free to do so but the service must be licensed in the same way as the headline plus text extract service.”

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Media release: New edition of McNae’s to launch at NCTJ seminar

February 22nd, 2012 | 1 Comment | Posted by in Legal, Training

The 21st edition of McNae’s Essential Law for Journalists will be launched next month, at the NCTJ’s media law seminar.

According to a release from the NCTJ, the new edition of the media law book includes a further look at issues such as:

… new coverage of broadcast regulation; new material on privacy and the media, including injunctions and phone hacking; new guidance on journalists’ use of social media; and further coverage of online journalism issues.

The book is authored by Mark Hanna and Mike Dodd, the release adds, who “will present and discuss these changes with tutors at the seminar”.

Press Complaints Commission chairman Lord Hunt will give the keynote speech at the London-based media law seminar on 30 March. According to the NCTJ, he will be giving “his views on the Leveson inquiry and the future of press regulation”.

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Guardian: Ryan Giggs named in court as injunction footballer

Copyright: Martin Rickett/PA Archive/Press Association Images

Ryan Giggs has been named in court for the first time as the footballer behind an injunction taken out against the Sun, the Guardian reports.

According to the news site, the footballer “agreed to lift the anonymity injunction” in a hearing at the high court in London earlier today.

Giggs took out the injunction in order to prevent the tabloid revealing an affair.

Thousands ignored the court ruling and named him as the footballer in question on Twitter, leaving journalists in a “strange situation” concerning the reporting of his name.

The Guardian states:

Hugh Tomlinson QC, counsel for Giggs, told the court that the footballer had been subject to “large scale breaches of the order by malign individuals”.

“The claimant’s name is in the public domain contrary to court orders,” he added. “The claimant has consented to the removal of the anonymity order completely.”

Mr Justice Tugendhat said: “Anonymity no longer applies and has not applied since 1 February.”

According to the Guardian, Mr Justice Tugendhat is considering “a claim by Giggs for damages for alleged misuse of private information by the Sun”.

Giggs is also seeking an injunction “to restrain future publication of private information”, according to the report.

The court heard that the anonymity order that prevented the media from naming Giggs was lifted on 1 February. However, an “administrative error” by Giggs’s solicitors meant the Sun was not informed.

The counsel for News Group Newspapers, the publisher of the Sun, reportedly told the court the injunction claim should be thrown out.

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BBC 5 Live: Kavanagh says Sun police investigation is ‘wildly disproportionate’ to potential offences

February 13th, 2012 | No Comments | Posted by in Legal, Newspapers, Press freedom and ethics

In a series of interviews to UK broadcast media today, Trevor Kavanagh, associate editor at the Sun, criticised what he sees as police heavy-handedness during the dawn arrests of key Sun staff over the weekend.

In the above clip, Kavanagh gives his most controversial interview of the day to BBC Radio 5 Live’s Richard Bacon, criticising both the police operation and News Corporation’s own investigation by its Management Standards Committee. “There’s never been a bigger crisis than this [at the Sun]“, Kavanagh tells Bacon.

Here’s the full transcript:

RB: “Trevor Kavanagh told me earlier about the atmosphere in the Sun news room.”

TK: “Well despondent I would say and a feeling of being under siege I suppose.”

RB: [paraphrase] Re: Rupert Murdoch planning to fly in later this week – will he face a hostile newsroom?

TK: “Well I think the newsroom is full of people who feel deeply unhappy about the way that their colleagues, who they worked alongside for sometimes decades and who they respect and admire as supremely professional operators, have ended up being arrested, searched, put on police bail and suspended from their duties and so there is a huge amount of anger at the fact that this has happened. And, as I would point out, not a single one of them has been charged, let alone tried or convicted.”

RB: “Do some people at the Sun feel as though their parent company has hung them out to dry a bit?”

TK: “Well there’s certainly a mood of unhappiness that the company’s proudly, certain parts of the company, not News International I hasten to add, not the newspaper side of the operation, are actually boasting that they’re sending information to the police which would put these people I’ve just described into police cells.”

RB: “Forgive me, I know the structure of the company is quite complex, when you refer to another bit of the company, what does that mean, what are you talking about?”

TK: “Well there is a parent company, News Corporation, and that has set up this management committee to look into the evidence, the documentary evidence and so on, if there is any, against any members of staff. Now I think it’s fair to say that we are not opposed to the fact, that we are co-operating with the police, that’s what we should be doing and I think that if we are to get through this we need to provide them with all the co-operation we can. I think that perhaps what we best do is if we left them go through the evidence and found out what they can.”

RB: “That word ‘boasting’, what do you mean by that?”

TK: “Well I meant that when the arrests were made it was made clear that they had been arrested on the basis of evidence provided by this management committee.”

RB: “Are you saying that they shouldn’t have provided that evidence, they should have let the police come for that evidence?”

TK: “Well I think that, I don’t know how it works frankly but it does make us feel, make people in the company feel, that evidence which as of far as we know, I have to point this out, that on the basis of the evidence that’s been suggested to those who have been arrested so far, is pretty flimsy stuff. I can’t describe it in any further detail than that but it doesn’t really stand close scrutiny and people are wondering what on earth is happening.”

RB: “A lot of the evidence has come from the parent company now. It gets complex because I know that a lot of emails have been handed over. These are emails that were thought to be missing and now have been recovered and there’s something like I think 11 million of them. When you say the evidence is flimsy are you saying you more or less know exactly what evidence the police have at the moment?”

TK: “No I don’t and I’m not going to go any further into what evidence may or may not be available.”

RB: “Why do you say it’s flimsy then if you don’t know?”

TK: “Well because I have been told what the police have been asking about and those, you see the people that have been arrested have been told why they have been arrested and on the basis of that I would say that the evidence is flimsy. What other evidence is about I simply don’t know but my point today is that this police operation is wildly disproportionate with what might be the potential offences that may or may not have been committed.”

RB: “How many police are involved in this investigation?”

TK: “You have 171 officers who are involved in three separate investigations and this is the biggest single police operation in the history of British policing. It is bigger than the operation on the Pan Am Lockerbie bombing, it’s far, far bigger, totally dwarfs the operation on Milly Dowler and nobody’s died, nobody’s committed any hideous offences that I’m aware of or even been suggested as having committed such offences. It does seem to me wildly disproportionate that these police officers are raiding people’s homes with up to 20 officers at a time, ransacking their homes, going through their personal possessions, carting off sacks of paper after a dawn raid. It’s completely out of proportion.”

RB: “Why do you think it’s got here, why do you think that the operation is on such a scale, is it partly about the police trying to recover their own reputation do you think?”

TK: “I suspect that’s the case, they feel that they’ve lost a police commissioner and a deputy police commissioner and they now want to make it abundantly clear that they aren’t going to leave a single stone, floorboard, drawer, cupboard, Kellogg’s cornflake packet or any other part of a household untouched in their hunt for evidence that may or may not exist.”

RB: “Do you think the investigation would be smaller if News International had been more co-operative with the initial phone-hacking allegations?”

TK: “Well that may or may not be the case but this is not the point, the point is that as we speak 30 journalists have been suspended from their jobs, their careers may have been ruined by this and their families have been shocked and appalled by dawn raids by people acting I think in a disproportionate way when I think a polite knock on the door, perhaps after a phone call, would have unearthed precisely the same so-called evidence. I don’t know whether it’s evidence or simply other pieces of paper that’s in every household.”

RB: “But when I say co-operative in the first place I think that’s an important point because initially the company said it was all down to one individual and that turned out not to be true and they misled parliament, they misled the public, then they said these 11 million emails had gone missing whilst being transferred to the Middle East and now 11 million have been recovered. But News International may have played its own part in the police investigation being of this scale.”

TK: “Well that’s for you to suggest and it’s…”

RB: “I don’t know that Trevor…”

TK: “Let me finish my sentence…”

RB: “OK”.

TK: “It may well be the case I don’t know, I’m not involved in any of that side of things and what you have to remember is that if indeed we were misjudging things or getting them wrong completely even, we have already paid a pretty heavy price for that have we not? We have had to close one of the biggest newspapers and the oldest and one of the best newspapers in the country and 300 excellent journalists have paid the price. Now, I think that we were talking earlier about the witch-hunt and I think that the view of those who are out to get us in this witch-hunt is that nothing will satisfy them until News International has gone altogether.”

RB: “Who are those people Trevor, who do you think really is out to get the company?”

TK: “Well I think one person quite clearly is Tom Watson, I don’t think he would deny it but I don’t want to go into any further detail about who… I mean you and others can easily decide who you think might fit the bill but when you have an operation as disproportionate as this you have to wonder what they’re up to, and why.”

RB: “And I guess just finally Trevor with the story about Rupert Murdoch flying back in this week to face his hostile newsroom do you think there is any chance at all that the Sun itself could go the way of the News of the World and get closed down?”

TK: “No. I think that the Sun is a paper that if it hadn’t been invented you would have to re-invent it then. I think that the fact is this is a great newspaper, it’s loved by millions, it’s even loved occasionally by the BBC. I think the idea of losing a paper of this sort would surely be the ultimate disproportionate act would it not?”

RB: “Mmm. It’s very successful as well isn’t it? It’s one of the few newspapers left that makes a lot of money I think as well.”

TK: “It is, it’s successful for a very good reason, it’s successful because it breaks great stories, it’s successful because it represents its readers’ interests. It’s successful because it has a vigour and a lifestyle and a life force which resonates through this country. It is the greatest newspaper in this country.”

RB: “By the way the journalists that were arrested, are they back at work?”

TK: “They’ve been suspended.”

RB: “Yeah, OK. Trevor, thank you…”

TK: “Indefinitely I have to say without any prospect of knowing when any further action is going to be taken, if any.”

RB: “Is that the right call by the Sun to suspend them or do you think that’s a bit harsh?”

TK: “Well I think that, I don’t think there’s much choice once this has happened but you know it’s hard for people like me who have worked alongside people we admire and respect for, in my case, nearly 40 years with the Sun, to see them languishing at home, frustrated and unable to do anything to defend themselves and I feel very sorry for them and I know it’s causing them and their families a great deal of anguish.”

RB: “I’m sure that’s right. I didn’t realise you’d been with the paper for 40 years, did you ever see the newspaper at a lower ebb than this, have you ever been through a bigger crisis than this at the Sun?”

TK: “There’s never been a bigger crisis than this.”

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UK Supreme Court to begin tweeting judgments @UKSupremeCourt

February 6th, 2012 | No Comments | Posted by in Journalism, Legal, Online Journalism

The UK Supreme Court is to begin issuing real-time news on its judgments by Twitter, starting this week.

The @UKSupremeCourt account has been set up to make the court’s proceedings as accessible and visible as possible and to engage with people who are not familar with its work, a court spokesman told the Associated Press.

The court’s communications team were keen to have the account set up in time for the ruling in WikiLeaks founder Julian Assange’s extradition appeal, which is expected later this month.

The Twitter launch comes almost a year to the day since the Supreme Court gave the green light for journalists and other members of the public to use Twitter and email in the courtroom.

Photo of Supreme Court by Shark Attacks on Flickr. Some rights reserved.

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#Tip of the day from Journalism.co.uk – media law academic papers

February 3rd, 2012 | No Comments | Posted by in Legal, Top tips for journalists

There’s some useful reading list on media law on the International Forum for Responsible Media blog (Inforrm), where Judith Townend has collected together a number of academic papers on the subject.

The papers cover topical issues such as defamation, privacy and regulation of the press. She has also indicated those which are free to access, and others which require subscriptions.

See the full post here.

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Max Clifford and Phil Hall to appear before privacy committee

January 30th, 2012 | No Comments | Posted by in Legal, Press freedom and ethics

Publicist Max Clifford and former editor of the News of the World and Hello! Phil Hall will take questions from MPs and Lords this afternoon.

They will appear before the joint committee on privacy and injunctions, which is currently questioning social media groups.

The four currently taking questions are: Lord Allan of Hallam, director of policy in Europe for Facebook; DJ Collins, vice president of global policy and communications at Google; Collins’ colleague at the internet giant Daphne Keller, who is associate general counsel at Google; and Colin Crowell, head of global public policy at Twitter.

The joint committee on privacy and injunctions was set up in May last year by prime minister David Cameron, with the aim, as outlined by attorney general Dominic Grieve, of looking at whether the current system of privacy and injunctions is working “and to consider whether we might make any changes that would make thing work better”.

The establishment of the committee followed the move by MP John Hemming to use parliamentary privilege to name a footballer at the centre of a privacy injunction, which had prevented the press from reporting on the matter but had seen speculation on sites such as Twitter.

Clifford and Hall are due to face questions at 3.15pm and can be viewed on Parliament TV

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BBC News: The editors’ views from the Leveson inquiry

January 16th, 2012 | No Comments | Posted by in Editors' pick, Legal

BBC News has compiled a table of views as shared by newspaper editors at the Leveson inquiry, giving readers the opportunity to closely compare the standpoints of each editor on key points.

The table sets out “how the editors’ evidence compares” and includes key points on given by the editors “on researching stories”, “media regulation” and a “key quote”.

See the table here.

See Journalism.co.uk’s coverage of the Leveson inquiry here.

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Newspaper Society: Justice select committee calls for evidence on FOI Act

January 12th, 2012 | No Comments | Posted by in Legal

The Newspaper Society issued a reminder this morning that the justice select committee has made a call for evidence on “the operation” of the Freedom of Information Act 2000 – as part of its “post-legislative scrutiny” of the law.

The call for evidence was issued in December, but written evidence can still be submitted until Friday, 3 February.

The committee has asked for feedback on three areas in particular (copied below), but adds that those who submit responses are also “welcome to address additional issues”:

  • Does the Freedom of Information Act work effectively?
  • What are the strengths and weaknesses of the Freedom of Information Act?
  • Is the Freedom of Information Act operating in the way that it was intended to?

There is more information here on the select committee’s website.

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Judgment in Coulson v NGN to be handed down today

December 21st, 2011 | No Comments | Posted by in Legal

The judgment of former News of the World editor Andy Coulson’s legal action against News Group Newspapers is due to be handed down at 2pm.

Coulson took action against the publisher of the now-closed News of the World over payment of his legal fees.

Earlier today private investigator Glenn Mulcaire won his legal fees case against NGN.

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