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	<title>Online Journalism Review&#187; Diana Day</title>
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	<description>Focusing on the future of digital journalism</description>
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		<title>Sifry&#039;s data about the state of blogging: Is the MSM &#039;winning?&#039;</title>
		<link>http://www.ojr.org/sifrys-data-about-the-state-of-blogging-is-the-msm-winning/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=sifrys-data-about-the-state-of-blogging-is-the-msm-winning</link>
		<comments>http://www.ojr.org/sifrys-data-about-the-state-of-blogging-is-the-msm-winning/#comments</comments>
		<pubDate>Thu, 16 Mar 2006 21:49:12 +0000</pubDate>
		<dc:creator>Diana Day</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.ojr.org/?p=1051</guid>
		<description><![CDATA[Katie Chang, intern at Harvard Law School&#8217;s Berkman Center for Internet &#038; Society, summarized (scroll down to the News section to see &#8220;Sifry’s Blogosphere Report&#8221;) Berkman Fellow David Weinberger&#8217;s observations on the State of the Blogosphere report by Technorati founder and director David Sifry. Sifry pointed out in his report that MSM sites like the [...]]]></description>
				<content:encoded><![CDATA[<p>Katie Chang, intern at Harvard Law School&#8217;s <a href="http://cyber.law.harvard.edu/home/">Berkman Center for Internet &#038; Society</a>, <a href="http://cyber.law.harvard.edu/home/filter?wid=379&#038;func=viewSubmission&#038;sid=966">summarized</a> (scroll down to the News section to see &#8220;Sifry’s Blogosphere Report&#8221;) Berkman Fellow David Weinberger&#8217;s <a href="http://www.hyperorg.com/blogger/mtarchive/blogosphere_changes_shape.html">observations</a> on the <a href="http://www.sifry.com/alerts/archives/000420.html">State of the Blogosphere report</a> by Technorati founder and director David Sifry.</p>
<p>Sifry pointed out in his report that MSM sites like the New York Times and CNN still dominate online news but that certain blogs are increasingly influential.  Sifry brought attention to &#8220;The Magic Middle&#8221; &#8212; about 155,000 blogs that have accrued between 20 and 1,000 inbound links. These are often niche sites &#8220;that are interesting, topical, and influential, and in some cases are radically changing the economics of trade publishing.&#8221;</p>
<p>Berkman Fellow David Weinberger, interpreted Sifry&#8217;s data about the MSM&#8217;s dominance this way: &#8220;As more people blog, the sites that we all read in common remain the MSM. &#8230; But as blogging spreads, interests get more diverse, so there are fewer blogs that we all read. &#8230; Does this mean the mainstream media are &#8220;winning&#8221;? Nah, it just means that they remain the main stream. We don&#8217;t yet know if they are a habit we&#8217;re going to overcome, an institution waiting to be Wikipedia-ed, or if they will transform themselves enough to continue being our common ground.&#8221;</p>
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		<title>OJR 2006: Controlling tech before it controls you</title>
		<link>http://www.ojr.org/060307day/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=060307day</link>
		<comments>http://www.ojr.org/060307day/#comments</comments>
		<pubDate>Sun, 05 Mar 2006 21:55:30 +0000</pubDate>
		<dc:creator>Diana Day</dc:creator>
				<category><![CDATA[Editing]]></category>
		<category><![CDATA[OJR conference]]></category>

		<guid isPermaLink="false">http://www.ojr.org/?p=1033</guid>
		<description><![CDATA[Participants at OJR's first conference looked for support from one another in finding publishing solutions and technical inspiration.]]></description>
				<content:encoded><![CDATA[<p>A wide-ranging conversation about technology reflected the OJR 2006 audience&#8217;s diverse level of experience in this area. But I&#8217;m guessing everybody at the conference&#8217;s second session got a taste of something fresh, thanks to the deft guidance of moderator <a href="http://www.JCWarner.com">Janine Warner</a>, a self-described &#8220;techie translator&#8221; and author, journalist and creator of <a href="http://www.digitalfamily.com/">DigitalFamily.com</a>.</p>
<h2>Blogging platforms: Which do you use?</h2>
<p>Warner took a quick poll, and we found that we did indeed represent a pretty good sampling of what&#8217;s available in the blogosphere: the majority of the group uses <a href="http://www.blogger.com/start">Blogger</a>, followed by <a href="http://www.sixapart.com/movabletype/">Moveable Type</a> and <a href="http://www.sixapart.com/typepad/">TypePad</a>. Other choices included <a href="http://www.pmachine.com/">ExpressionEngine</a>, <a href="http://wordpress.org/">WordPress</a>, <a href="http://www.postnuke.com/">PostNuke</a> and <a href="http://drupal.org/">Drupal</a>. Robert Niles, OJR editor and conference host, was the only self-publisher who coded his content management systems from scratch.  He said he uses <a href="http://www.macromedia.com/software/coldfusion/">ColdFusion</a>, a tag-based language which he said is easy to learn but difficult to host because of &#8220;system resource drains.&#8221;</p>
<p>Predictably, many held differing opinions about the various platforms.  <a href="http://sdk.typepad.com/">Staci Kramer</a>, contributing editor for OJR and executive editor for <a href="http://www.paidcontent.org/">paidContent.org</a>, said that Drupal &#8220;isn’t really ready for prime time yet&#8221; but that the community is good.  Dan Gillmor, author and founder of the <a href="http://citmedia.org/blog">Center for Citizen Media</a>, warned that WordPress would be too much for beginners, but I responded that I had chosen it, even though I&#8217;m a beginner, because it has such a lively and well-established support community.</p>
<p>Mark Heckendorn, former intelligence specialist and new <a href="http://www.No-More-King-George.com">blogger</a>, liked WordPress because of some easy-to-use features like one-click installation on his server account.  He also recommended <a href="http://www.realmacsoftware.com/rapidweaver/">Rapid Weaver</a> for Mac people.</p>
<p>Participants acknowledged that different personal needs colored their view of various blogging platforms. Some demanded a free system, others were willing to pay. Some had recently created new sites, while others needed systems that would support months of already-published archives. Some promoted open source solutions, others retorted that clients demanded proprietary software.</p>
<p>Gillmor urged the group, no matter what they chose, to look ahead and select only systems that support easy export of content and data into a transferable format like a MySQL database.  Kramer echoed the thought, and reassured frustrated publishers, &#8220;There’s a solution to almost everything.  Someone has had the problem before.&#8221;</p>
<p>Travis Smith, owner of <a href="http://www.hopstudios.com">Hop Studios</a>, suggested to consider the blogging tool&#8217;s interface when making your selection.  Smith offered a couple of other interesting pointers:
<ol>
<li>Consider the size of your comment field because it is related to the type of comments you will get.  A small field will encourage short, choppy comments, while a long field might encourage comments that go on and on; and</li>
<li>On wikis: &#8220;a wiki depends on the power of the community to stay vibrant, to stay current.&#8221;  Smith said that 10 or 15 dedicated users make a viable wiki community.</li>
</ol>
<p>Mack Reed, creator, editor and publisher of <a href="http://LAVoice.org">LAVoice.org</a>, said he is now &#8220;saddled&#8221; with PostNuke.  Reed shared a story that perked up the ears of this newbie for sure: he woke one day to find instead of his homepage a white page with the words &#8220;you are owned&#8221; on it.  After some investigation, he found that script kiddies in Brazil had exploited a flaw in an old version of his un-updated publishing system to rewrite the index document in each of his directories. Reed said the incident taught him the importance of keeping your platform up-to-date with the latest version &#8212; and to backup your data regularly.  This suggestion prompted vigorous nods from the audience as Warner reminded people to backup data in different places, not just elsewhere on the same server.</p>
<p>Finally, Kramer advised to get to know people at your server&#8217;s hosting company so that you have a contact in the event of an emergency.  She explained how helpful it was to have someone to go to when, with an older version of Moveable Type, someone she worked with accidentally wiped out all the subject lines in the entire blog!</p>
<h2>Next on the scene: Vlogging</h2>
<p>Online video producer <a href="http://www.hardnewsinc.com/">David LaFontaine</a> switched gears with a brief presentation about up-and-coming technologies and websites.  He said that excitement about podcasting has given way to excitement about vlogging (video blogging).  LaFontaine suggested looking at video hosting options like <a href="http://www.videoegg.com/">VideoEgg</a> and <a href="http://www.youtube.com/">YouTube</a> and Gillmor added <a href=http://www.ourmedia.org/>archive.org</a>.</p>
<p>The group then discussed whether it is desirable to have the &#8220;YouTube&#8221; logo that appears in the viewing window when embedding video on your own site via YouTube.  LaFontaine quipped: &#8220;Storage and bandwidth don&#8217;t come cheap.&#8221;</p>
<h2>Looking for inspiration? Sites to watch</h2>
<p>LaFontaine showed the group a section of Spain&#8217;s prominent newspaper, <a href="http://www.elpais.es/index.html">El Pais</a>, called <a href=http://www.ep3.es/>EP3</a>.  The service, conceived to attract younger readers, invites users to submit creative content through its community section.  At first, LaFontaine said he didn&#8217;t like the interface because it&#8217;s complicated and all created in Flash.  But when doing a case study of how the feature was used, he discovered that young people preferred the complexity, viewing the user interface as a challenge, like a video game.  He said when the users would find things they liked, they would text message each other.  Surfing the Net is &#8220;a group activity now,&#8221; LaFontaine said.</p>
<p>In another case study from Santiago, Chile, a newspaper called <a href="http://www.lun.com/">Las Últimas Noticias</a> reinvigorated itself by having the online version of the paper dictate the print version; the newspaper is now number one in a nine-newspaper market,  LaFontaine said.</p>
<p>&#8220;The tail is now wagging the dog.&#8221;</p>
<p>Warner wrapped up the session with a call for URLs to website where journalists could find ongoing support and guidance on tech issues. Among those suggested were:
<ul>
<li><a href="http://www.webmasterworld.com/">WebmasterWorld</a></li>
<li><a href="http://slashdot.org/">Slashdot</a></li>
<li><a href="http://www.alistapart.com/">A List Apart</a></li>
<li><a href="http://www.emilychang.com/go/ehub/">eHub</a></ul>
<p>* * *</p>
<p><b>Related stories from OJR&#8217;s archives:</b>
<ul>
<li><a href="http://www.www.ojr.org/ojr/stories/050714gardner/">Time to check: Are you using the right blogging tool?</a></li>
</ul>
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		<title>Fair use under fire</title>
		<link>http://www.ojr.org/060223day/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=060223day</link>
		<comments>http://www.ojr.org/060223day/#comments</comments>
		<pubDate>Thu, 23 Feb 2006 10:45:27 +0000</pubDate>
		<dc:creator>Diana Day</dc:creator>
				<category><![CDATA[Ethics]]></category>
		<category><![CDATA[fair use]]></category>
		<category><![CDATA[Marjorie Heins]]></category>
		<category><![CDATA[media law]]></category>

		<guid isPermaLink="false">http://www.ojr.org/?p=1014</guid>
		<description><![CDATA[A new report examines the changing effects of copyright control on free expression. Q &#038; A with one of the report's authors.]]></description>
				<content:encoded><![CDATA[<p>How Internet publishers and copyright owners are negotiating the murky waters of fair use rights in our world of hyper-fluid technological boundaries is an increasingly common news topic. Last week, for example, the Electronic Frontier Foundation posted <a href="http://www.eff.org/deeplinks/archives/004409.php">news</a> that the Recording Industry Association of America does not consider it fair use to copy one&#8217;s own CDs to an MP3 player. And just this week, a Los Angeles federal judge <a href="http://www.mercurynews.com/mld/mercurynews/business/technology/13928636.htm">ruled</a> that Google&#8217;s use of thumbnail images is not fair use and infringes on an adult website&#8217;s copyrights.</p>
<p>Marjorie Heins, founder and coordinator of the <a href="http://www.fepproject.org/index.html">Free Expression Policy Project</a> at the <a href="http://www.brennancenter.org/">Brennan Center for Justice</a> at NYU&#8217;s School of Law, explained that it is &#8220;very difficult to predict&#8221; how judges will rule in fair use cases, making it important for journalists to educate themselves.</p>
<p>Because fair use principles form a cornerstone of free expression, in 2004 the Brennan Center started researching the health of fair use among people involved in cultural or democratic exchanges of ideas. The result of the research is contained in the recently-released public policy report <i><a href="http://www.fepproject.org/policyreports/fairuseflyer.html">Will Fair Use Survive? Free Expression in the Age of Copyright Control</a></i>, written by Heins and Tricia Beckles, a former research associate at the Brennan Center.</p>
<p>As mounds of snow in the New York City streets turned gray and slushy, Heins spoke with Online Journalism Review at length about the report and about the state of fair use as it pertains to online journalists.<br />
<br />
<b>OJR:</b> <i>Describe fair use as it relates to news reporting.</i></p>
<p><b>Marjorie Heins</b>: News reporting is one of the classic examples of fair use, but like all of the examples, it is very difficult to predict when a particular court might determine that a reporter or an editor has stepped over the line from fair use into copyright infringement.  So, journalists are facing some of the same problems as artists and scholars and bloggers &#8212; and almost anybody else who wants to discuss, report on or share cultural materials faces &#8212; with respect to copyright.</p>
<p>There are similar problems with trademark law, which also has fair use provisions, and the courts have developed a kind of sensitivity to free expression interests so that trademark owners don&#8217;t totally control the use that&#8217;s made of their images, their phrases, their logos.  But that&#8217;s also hard to predict.</p>
<p>The main purpose of the research we did &#8212; which is summarized in the report <a href="http://www.fepproject.org/policyreports/WillFairUseSurvive.pdf">Will Fair Use Survive?</a> &#8212; was: to determine how well the fair use and free expression principles, that are so important to preventing control and censorship of information and speech, are doing. To what extent people are really able to make use of them? And to what extent are the industry practices such as sending cease and desist letters that contain overly broad assertions of copyright or trademark control interfering with fair use?</p>
<p><b>OJR:</b> <i>What did you find?</i></p>
<p><b>Heins</b>: Let me back up a bit just to give a sense of the methods we used. The first challenge was to figure out how we were going to do our research because it&#8217;s very difficult to design a truly random study of, to even identify, people who have received cease and desist letters, who have had questions or concerns or who have self-censored because of fear of being sued.</p>
<p>So we figured out a couple of different methods of research.  We created focus groups. We talked to people, writers and filmmakers &#8230; just to have general discussions and get a sense of what their attitudes and knowledge was and what experiences they&#8217;ve had. We did an online survey.</p>
<p>We analyzed over 300 letters from the <a href="http://www.chillingeffects.org/">Chilling Effects website</a>, both cease and desist letters and what are called take-down letters under the <a href="http://www.copyright.gov/legislation/dmca.pdf">Digital Millennium Copyright Act</a>, which is a law passed by Congress in 1998. The DMCA, among many other things, gives copyright owners the power, pretty much to demand from Internet Service Providers that materials be taken off their servers, just simply on the bald assertion that it violates copyright. So, we analyzed those letters to get a sense of what kind of claims are being made, and, to the extent we could, to figure out what kind of responses, how much material was actually taken down, to what extent people were able to get material back up, to what extent people were intimidated by cease and desist letters or not. And we did some telephone interviews of some people who had posted letters on this Chilling Effects website. &#8230;</p>
<p>So, what did we conclude after we had pulled together all this information? There is basic awareness that fair use exists. &#8230; We had lots of people who were not particularly engaging in political speech or reporting on public affairs but maybe had a small business out of their home who would get a cease and desist letter from a big company saying, &#8220;You&#8217;re using our trademark.&#8221; &#8230;</p>
<p>One of my favorites was the woman who was making ceramic piggy banks, and she called her website <a href="http://www.piggybankofamerica.com/">Piggy Bank of America.com</a>. Sure enough, the Bank of America sent a cease and desist letter. She found her way to a student law clinic, which sent a response to Bank of America saying, &#8220;Go away. This is not a trademark infringement.&#8221;</p>
<p>All kinds of people are generally aware of fair use and of copyright law, but they, for the most part, have very little idea of what it is. That&#8217;s understandable because the fair use statute, the part of the copyright law that delineates fair use, is not very precise. &#8230;</p>
<p>We concluded that there really is a need for more straightforward, simple information &#8212; and it&#8217;s always a challenge to translate law into simple English &#8212; and guidance with some basic things, like how to respond to a cease and desist letter.</p>
<p>And another thing that&#8217;s very much needed is more pro bono legal help. A half dozen law student clinics around the country are providing very valuable service for lots of people, but it&#8217;s hardly enough to meet the need, and most people cannot afford &#8212; we&#8217;re not just talking about the very poor, we&#8217;re talking about most middle-class people &#8212; to be involved in a copyright lawsuit or in many cases even to pay a lawyer the $10,000 to $20,000 it might cost to try to head off a lawsuit. So, many people tend to cave, they tend to settle, they tend to be intimidated.</p>
<p>And another thing we determined [has to do] with this Digital Millennium Copyright Act, the provision [Section 512] that allows for these take-down letters. Basically, it&#8217;s called a safe harbor provision, and it says to Internet Service Providers [that they] will not be liable as a contributory infringer if [they] respond to one of these take-down letters expeditiously by removing the material that is assertedly a copyright infringement. So, the law doesn&#8217;t force [ISPs to do this], but it holds a very powerful club over their head.</p>
<p>The underlying question is, why should an Internet Service Provider, which is basically like your telephone company, ever be liable for what you say over the telephone line? So the law starts from an assumption that&#8217;s dubious, but there you have it. So Internet Service Providers, for the most part, are going to respond expeditiously in order to take advantage of the safe harbor and avoid what the law says would be possible contributory infringement liability. So there&#8217;s a situation where [the law] gives a very powerful weapon to copyright owners to get material taken down.</p>
<p>There&#8217;s another report that came out from USC. <a href="http://lawweb.usc.edu/faculty/jurban.html">Jennifer Urban</a>, at the law school runs the Intellectual Property Clinic, which just got started last year, and a former fellow from the <a href="http://www.law.berkeley.edu/clinics/samuelson/">Samuelson Clinic</a> up at Boalt, Laura Quilter, wrote a <a href="http://www.law.berkeley.edu/clinics/samuelson/projects_papers/2005_512report.html">paper</a> analyzing DMCA take-down letters from the Chilling Effects website as well. And the conclusions are quite similar.</p>
<p>A lot of these letters have flaws, to begin with. They sort of don&#8217;t comply with the law.  But ISPs tend to respond by taking down the material anyway. [We found that in] lot of the letters that do sort of comply with the formalities of the law &#8212; they give all the information required and say it&#8217;s in good faith and assert copyright infringement &#8212; [but] the claims of infringement are rather thin or questionable, or at least there would be a question for a court as to whether it&#8217;s fair use. &#8230; There are some numbers in the report which you can look at, but there are certainly many situations in which material is coming down and is not being put back up.</p>
<p>The person who is being targeted [sometimes] never finds out that there is a procedure for writing a counter-notice and getting the material back up, so another conclusion of the report is that it would be very useful to work with ISPs to try to encourage them to give better information and assistance to their subscribers in these situations. Very often they just take the letter at face value and respond by threatening the subscriber that they&#8217;re going to take down their whole website unless the material is removed immediately, or they&#8217;ll shut down the website without even communicating with the subscriber. &#8230;</p>
<p>One example that we saw a lot of on the Chilling Effects site is this group, which calls itself Avatar, and it describes itself as a planetary enlightenment group, sort of like Scientology. &#8230; Some of the critics of Avatar, people who&#8217;ve been through the process and think it&#8217;s a sham, say it&#8217;s an offshoot of Scientology. There are discussion groups, where people exchange their experiences and exchange critiques and often post parts or even all of Avatar materials. So Avatar sends these Section 512 take-down letters to Google to basically get these discussions removed from the Internet. &#8230; Certainly the primary purpose of these discussions was commentary and critique. And these are persons who are not subscribers and so under Section 512 they probably don&#8217;t even get notice that their commentaries are being removed.  So here&#8217;s a case in which this company is using this DMCA take-down procedure as a method of suppressing criticism, basically.</p>
<p><b>OJR:</b> <i>What is your reaction to the news that the Recording Industry Association of America may not consider it fair use to copy a CD that you own to your MP3 player?</i></p>
<p><b>Heins</b>: There&#8217;s been quite a lot of discussion among copyright profs about this statement &#8212; especially since the RIAA&#8217;s lawyer apparently said the opposite at the Supreme Court argument in the Grokster case. My own view is that copying a CD which you own to an iPod or other device for personal use should be fair use.</p>
<p><b>OJR:</b> <i>What is your reaction to the news that Google has lost a lawsuit alleging copyright infringement for images found in its Image Search results?</i></p>
<p><b>Heins</b>: This decision in the case of Perfect 10 v. Google takes too narrow a view of fair use and conflicts with a court of appeals precedent in Kelly v. Arriba Soft, which held that using thumbnail images on a search engine is fair use. The judge in Perfect 10 v. Google pointed to little differences between the Google and the Arriba search engines, but its analysis is not convincing. Hopefully, this will be reversed on appeal.</p>
<p><b>OJR:</b> <i>What do online news publishers need to be especially aware of? Especially with the problems of unpredictability in fair use judgments as it is, and then in the rapidly changing world of the Internet &#8212; are there particular pitfalls or traps awaiting online news publishers that people should be aware of?</i></p>
<p><b>Heins</b>: I think the problem is similar in journalism, both online and off, to other areas where free expression guarantees are needed. And in the context of copyright law, fair use is one of the main free expression guarantees. And in the past, news reporting has been considered a very strong case for fair use because of its obvious importance in disseminating information and the timeliness issue, the fact that even if you could get permission and could afford to pay whatever the license fee was, by the time you did so, it wouldn&#8217;t be news anymore. &#8230; I think it was the Rodney King tape which became a valuable property but was also highly newsworthy &#8212; could you use it, how much of it could you use? There are obvious copyright pitfalls with the use of any copyrighted material, even a small snippet of it.</p>
<p>You know there&#8217;s a lot of reproduction of articles on the Web, websites that simply take articles from somewhere else and reproduce them without permission under the theory that this is part of news reporting and commentary and is part of the exchange of ideas and it should be considered fair use.  &#8230; It&#8217;s an unclear area of the law. There are some court decisions that suggest that an article, an image, a photograph, something that is taken complete and reproduced without any transformative use, &#8230; just taken and reproduced complete, there is some case law that suggests that is almost always infringement. But the Supreme Court has not weighed in on that, so these are lower court decisions. And there are important arguments why disseminating &#8212; my being able to send to you a whole article from the New York Times because I think you&#8217;d be interested and it&#8217;s the best way of sharing the information or the opinion that&#8217;s in the article &#8212; there&#8217;s a very strong argument that that kind of exchange serves one of the important purposes underlying fair use.</p>
<p>So, both from the point of view of journalists being able to quote freely and in a timely fashion and journalistic commentators being able to quote and critique in ways that the copyright owner might not want to permit, and in terms of the rest of us who might not be considered journalists &#8212; which of course in the online world becomes an increasingly difficult distinction &#8212; the ability of the rest of us to be able to share and exchange complete articles &#8230; ought to be fair use. &#8230;</p>
<p>One of the big problems that arises &#8212; and people have looked at this and argued about this for the last 30 years since the <a href="http://www.copyright.gov/title17/">1976 Copyright Act</a> incorporated fair use officially; it had existed before in the case law &#8212; is this argument that people really need something more specific. [In this argument, people say]: the fair use factors are so vague, it&#8217;s so unpredictable that it&#8217;s naturally going to have a chilling effect, and added to that are the very stiff penalties of copyright law, the fact that if you lose, you have to pay the other side&#8217;s attorney&#8217;s fees, which can be literally hundreds and hundreds of thousands of dollars.  All that combines to chill the exercise of fair use and people need something more specific that they can rely on. It&#8217;s a very powerful argument.</p>
<p>Or, alternatively, people say, &#8220;Fair use just isn&#8217;t working because of all these factors that produce such a chilling effect, so let&#8217;s just forget about it and just have mandatory licensing.&#8221; [This is] like we have if a radio station wants to play a song, they don&#8217;t have to ask permission, they just have to pay a set fee.  Or, &#8220;Let&#8217;s have everybody join <a href="http://creativecommons.org/">Creative Commons</a>.&#8221;</p>
<p>Those are all understandable arguments, and I&#8217;m all for Creative Commons, and in some circumstances, mandatory licensing is very valuable too, but we can&#8217;t give up on fair use. It&#8217;s critical because it&#8217;s precisely the fact that it doesn&#8217;t depend on permission, that the copyright owner doesn&#8217;t have total control of the way in which his or her words or images are used, commented upon, reproduced.  Once you send it out into the world you don&#8217;t have total control. That&#8217;s what expression and culture and communication is about, so we need to figure out ways to make fair use easier for people to take advantage of and without reducing it to a specific counting of lines, counting of words, counting of pixels, which reduces the flexibility of it and the ability of the doctrine to respond to new needs. &#8230;</p>
<p><b>OJR:</b> <i>What should online journalists know about linking to other people&#8217;s websites?</i></p>
<p><b>Heins</b>: I don&#8217;t want to be in the position of offering legal advice to the world in an interview. Any specific situation ought to be researched. But I am not aware of any legal precedent that says simply linking raises an issue of copyright. You&#8217;re not reproducing; I don&#8217;t think you&#8217;re really distributing. The copyright law lists the rights that are within the copyright bundle: publishing, reproduction, distribution, performance, making derivative works. I don&#8217;t see a link as any of that.</p>
<p><b>OJR:</b> <i>What are the best ways for online journalists to educate themselves?</i></p>
<p><b>Heins</b>: They should read the report. They should read the Chilling Effects website &#8212; the <a href="http://www.eff.org/">Electronic Frontier Foundation</a> has good information. They should be aware that there are a lot of different viewpoints about copyright and fair use. &#8230;</p>
<p>You have to be careful, or at least thoughtful, about where you get your information because there are a lot of different viewpoints out there on fair use.  If you go to the <a href="http://www.csusa.org/">Copyright Society of the U.S.A. website</a> you&#8217;ll get warnings that basically say, if you use anything but a very short snippet and if you&#8217;re not absolutely sure, don&#8217;t take a chance on fair use. Well, that&#8217;s the opinion of one group, but you get a very different view if you go to the Electronic Frontier Foundation.</p>
<p>Now one thing that anybody who has looked into this area much &#8230; realizes is that what is fair use is basically what a court is going to consider fair under all the circumstances, including general practices in a particular environment. So &#8230; statements of best practices are important because they can influence the law. To the extent that fair use is not used, it will shrink, and to the extent that it is used and asserted, it will remain healthy and even grow. And in the area of journalism, it&#8217;s especially important that that happen. There are lots of examples in the report of online commentators, journalists of various kinds, [who face] attempts by those who are the targets of their criticism or commentary to shut them up.</p>
<p>One example is this blogger Robert Cox who <a href="http://www.thenationaldebate.com/blogger/archive/2004_03_01_TND-ARCHIVE.html#108045780645281985">was angry</a> at the New York Times, and especially Maureen Dowd, because they didn&#8217;t have a requirement that columnists publish corrections, so he created a <a href="http://www.thenationaldebate.com/other/NYTCorrections.htm">parody website</a> with the New York Times&#8217; correction page logo and put up his own correction. The Times sent a take-down letter to his ISP and a cease and desist letter to him, and he started publicizing that on his website and soon got a pro bono lawyer to write a letter to the New York Times saying, &#8220;You&#8217;re wrong, this is fair use.&#8221; And so in that situation the blogger prevailed. But I think it&#8217;s a fair inference that the Times just didn&#8217;t like the criticism.</p>
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		<title>Debate over blog credibility called &#039;a false controversy&#039;</title>
		<link>http://www.ojr.org/debate-over-blog-credibility-called-a-false-controversy/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=debate-over-blog-credibility-called-a-false-controversy</link>
		<comments>http://www.ojr.org/debate-over-blog-credibility-called-a-false-controversy/#comments</comments>
		<pubDate>Tue, 15 Nov 2005 15:26:24 +0000</pubDate>
		<dc:creator>Diana Day</dc:creator>
				<category><![CDATA[Events]]></category>

		<guid isPermaLink="false">http://www.ojr.org/?p=893</guid>
		<description><![CDATA[Although the subjects of their sites differ, L.A. Observed blogger Kevin Roderick proposed Tuesday at USC&#8217;s Annenberg School for Communication that he and Defamer&#8216;s Mark Lisanti are probably not all that different, particularly when it comes to the journalistic sensibilities that inform their work. At the lunch discussion &#8220;Blogging Los Angeles, from Two Very Different [...]]]></description>
				<content:encoded><![CDATA[<p>Although the subjects of their sites differ, <a href="http://www.laobserved.com/">L.A. Observed</a> blogger Kevin Roderick proposed Tuesday at USC&#8217;s <a href="http://ascweb.usc.edu/">Annenberg School for Communication</a> that he and <a href="http://www.defamer.com/">Defamer</a>&#8216;s Mark Lisanti are probably not all that different, particularly when it comes to the journalistic sensibilities that inform their work.</p>
<p>At the lunch discussion &#8220;Blogging Los Angeles, from Two Very Different Perspectives,&#8221; Roderick said he doesn&#8217;t see much value in the debate about whether blogging is journalism.  He said he uses the same kind of reporting skills and ethics as a blogger that he used during his long tenure as both reporter and editor at the <a href="http://www.latimes.com">Los Angeles Times</a>.</p>
<p>Both bloggers at least partly rely on reader-supplied tips and information to carry off their own brands of insider news &#8212; Lisanti&#8217;s on each day&#8217;s happenings in Hollywood, Roderick&#8217;s on Los Angeles media, culture and politics.</p>
<p>Lisanti agreed with Roderick that he tries his best to confirm tips and to avoid being used by tipsters with hidden agendas by applying a &#8220;smell test and common sense.&#8221;</p>
<p>But Lisanti also pointed out that the Defamer reports &#8220;gossip and <i>on</i> gossip.&#8221;</p>
<p>&#8220;I try [to check things out.] I also don&#8217;t pretend that I&#8217;m authoritative or the last word on anything,&#8221; Lisanti said.</p>
<p>&#8220;The standards are different&#8221; for what&#8217;s written online, Roderick said, mainly because posts can be instantly updated.  Roderick said he applies a sniff test too, but added that he is very comfortable posting something &#8220;partially reported&#8221; &#8212; as long as he clearly tells readers when a rumor is a rumor, for example.</p>
<p>Roderick stated that so far, by using his journalists&#8217; instincts when writing for L.A. Observed, he has not had to make any major corrections.</p>
<p>&#8220;Many blogs are being written by journalists,&#8221; and they&#8217;re using their journalistic standards.  The issue of blog credibility is &#8220;a false controversy to me,&#8221; Roderick said.</p>
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		<title>ONA panelists share successful models of participatory journalism</title>
		<link>http://www.ojr.org/051030day/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=051030day</link>
		<comments>http://www.ojr.org/051030day/#comments</comments>
		<pubDate>Sun, 30 Oct 2005 14:21:46 +0000</pubDate>
		<dc:creator>Diana Day</dc:creator>
				<category><![CDATA[Events]]></category>

		<guid isPermaLink="false">http://www.ojr.org/?p=859</guid>
		<description><![CDATA[At Saturday’s Online News Association New York conference, Moderator Kinsey Wilson, vice president and editor in chief of USATODAY.com, introduced Will Femia, blog manager at MSNBC.com; Robert Niles, editor of Online Journalism Review; and Christopher Grotke and Lise LePage, both of iBrattleboro.com, as exemplars of participatory journalism. &#8220;I’m not necessarily a citizen journalist evangelist. &#8230; [...]]]></description>
				<content:encoded><![CDATA[<p>At Saturday’s Online News Association <a href="http://journalist.org/2005conference/">New York conference</a>, Moderator Kinsey Wilson, vice president and editor in chief of <a href="http://www.usatoday.com/">USATODAY.com</a>, introduced Will Femia, blog manager at <a href="http://www.msnbc.msn.com/">MSNBC.com</a>; Robert Niles, editor of <a href="http://www.www.ojr.org">Online Journalism Review</a>; and Christopher Grotke and Lise LePage, both of <a href="http://www.ibrattleboro.com">iBrattleboro.com</a>, as exemplars of participatory journalism.</p>
<p>&#8220;I’m not necessarily a citizen journalist evangelist. &#8230; I have a pragmatic feeling about it,&#8221; Femia said.</p>
<p>He explained that prompting responses is helpful but gave examples of times when this has gone awry, like when they asked readers &#8220;What would you ask Condoleeza Rice?  What would you ask if you were on the 9/11 Commission?&#8221;</p>
<p>They got back many off-topic posts like, &#8220;Why do you have the flip in your hair?&#8221; Additionally, the volume of e-mails can be uncontrollable, Femia said. For example, during Hurricane Katrina, MSNBC received about one e-mail every 10 seconds.</p>
<p>As examples of MSNBC’s offerings, Femia showed the audience a section called <a href="http://www.msnbc.msn.com/id/6639760/">Citizen Journalists Report</a> and another called <a href="http://onthescene.msnbc.com/redtape/">The Red Tape Chronicles</a>.</p>
<p>Participatory journalism is about &#8220;using the tools of the Internet to do a more thorough job of journalism,&#8221; Niles said.  Niles invoked Dan Gillmor’s <a href="http://www.siliconvalley.com/mld/siliconvalley/business/columnists/dan_gillmor/ejournal/2743311.htm">familiar reminder</a>, &#8220;My readers know more than I do&#8221; and explained that soliciting reporting from readers is simply a way to gather more information and more sources.</p>
<p>&#8220;Don’t get hung up on the tools.  Think about the goals,&#8221; Niles suggested.  He said to keep an open mind about new ways to gather information from as many sources as possible.</p>
<p>Niles recently used a wiki format on Online Journalism Review for <a href="http://www.www.ojr.org/ojr/wiki/make_money/">an article</a> with content he’d like to update over time, but at a static URL.  He called this &#8220;a fundamentally different concept of how to handle information.&#8221;</p>
<p>Participatory journalism works best on niche topic sites, Niles said, where people feel like part of a community and will &#8220;take a sense of ownership and participation in the site.&#8221;</p>
<p>iBrattleboro.com is an example of a site where the readers have an investment in the site&#8217;s content.  The site serves an important purpose because the community of Brattleboro, Vermont was not being adequately served by larger media.</p>
<p>Site editor and developer Lise LePage said that the project has &#8220;been successful beyond our wildest dreams.&#8221;</p>
<p>LePage and partner Christopher Grotke said they started the site in February 2003 using open source code and that they advertised the launch with fliers they distributed in town.</p>
<p>They seeded the site with content to encourage participation and to serve as a model and then watched as their readership slowly developed.  Soon, LePage and Grotke said they’ll be turning to advertising to help pay for the site.</p>
<p>Grotke and LePage said the natural evolution of the site has led to a soon-to-be-released policy about what can and cannot be posted.</p>
<p>Currently, they moderate content and take down &#8220;ad hominem, name-calling, nasty things.&#8221;  They have not banned anyone yet, but said that there are some readers in danger of being excluded from the site.</p>
<p>Niles summed up the relatively new practice of participatory journalism by saying: &#8220;We’re still doing the same thing we’ve always done.  We’re still reporting information to an audience.&#8221;</p>
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		<title>International panelists share multimedia success stories</title>
		<link>http://www.ojr.org/051029day/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=051029day</link>
		<comments>http://www.ojr.org/051029day/#comments</comments>
		<pubDate>Fri, 28 Oct 2005 21:27:45 +0000</pubDate>
		<dc:creator>Diana Day</dc:creator>
				<category><![CDATA[Events]]></category>

		<guid isPermaLink="false">http://www.ojr.org/?p=857</guid>
		<description><![CDATA[Broadening the Bandwidth,&#8221; the international panel at the Online News Association&#8217;s New York conference Friday, was an opportunity for journalists from Spain, Brazil, Germany and the U.K. to share and discuss cutting-edge online news developments in their respective countries. Alberto Cairo, assistant professor of infographics at the University of North Carolina and infographics editor of [...]]]></description>
				<content:encoded><![CDATA[<p>Broadening the Bandwidth,&#8221; the international panel at the Online News Association&#8217;s <a href="http://journalist.org/2005conference/">New York conference</a> Friday, was an opportunity for journalists from Spain, Brazil, Germany and the U.K. to share and discuss cutting-edge online news developments in their respective countries.</p>
<p><a href="http://www.albertocairo.com/">Alberto Cairo</a>, assistant professor of infographics at the University of North Carolina and infographics editor of <a href="http://www.elmundo.es/">Elmundo.es</a> in Spain told the audience that he considers himself a journalist, not a designer.  “I went to school for journalism.  I moved to [interactive graphics] later.”</p>
<p>Cairo is currently on leave from Elmundo.es to teach at UNC but took time out to come to ONA and share some of the infographic features he designed for the news site, which has 6 million unique users.</p>
<p>Cairo said Elmundo.es has a commitment to visual journalism and that Spain has long been a leader in the creation of powerful infographics.</p>
<p>At Elmundo.es, they produce their own infographics and also do their own reporting, rather than relying on the work of print reporters. Infographics can stand alone, Cairo reminded the audience, making them a unique information-sharing device.</p>
<p>Elmundo.es is trying to move away from print-inspired graphics to a more multimedia model that includes audio and video, like the <a href="http://www.elmundo.es/elmundo/2004/graficos/dic/s4/deepimpact/index.html">Deep Impact story</a>.</p>
<p>Cairo’s co-panelist, Marion Strecker, is cofounder and director of <a href="http://www.uol.com.br/?ns=1">Univierso Online</a>, Brazil.  Strecker explained successful interactive features at UOL.</p>
<p>To attract a younger audience, Strecker said, UOL asked Marcelo Tas, an actor, videomaker and multimedia showman to create a <a href="http://marcelotas.blog.uol.com.br/">satirical blog</a> about the 2004 local elections.</p>
<p>This blog led to a spin-off project where the website did live coverage of the opening of a satirical play written by Tas called The History of Brazil by Ernesto Varela.  Ernesto Varela is a character Tas created to play a reporter who asks bold questions everyone wants to ask, but no one dares.</p>
<p>German panelist Guido Baumhauer, editor in chief of <a href="http://www.dw-world.de/">Deutsche Welle</a>, emphasized the site&#8217;s availability in many languages and also discussed Deutsche Welle&#8217;s forays into producing content and multimedia for mobile phones.</p>
<p><a href="http://www.bbc.co.uk/">BBC Interactive</a> deputy editor Paul Brannon read a few of the 20,000 plus e-mails the BBC received the day of the terrorist attacks on London&#8217;s transit system.  The e-mails gave the news service reports of events all over the ctiy and conflicted with the authorities&#8217; reports that there had been an electrical explosion on one of the trains.</p>
<p>Brannon also showed audience-supplied photographs of the attacks and reminded the audience that &#8220;we are all reporters now.</p>
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		<title>Gillmor at Annenberg: Blogging a &#039;kind of wonderful noise&#039;</title>
		<link>http://www.ojr.org/gillmor-at-annenberg-blogging-a-kind-of-wonderful-noise/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=gillmor-at-annenberg-blogging-a-kind-of-wonderful-noise</link>
		<comments>http://www.ojr.org/gillmor-at-annenberg-blogging-a-kind-of-wonderful-noise/#comments</comments>
		<pubDate>Tue, 11 Oct 2005 17:24:48 +0000</pubDate>
		<dc:creator>Diana Day</dc:creator>
				<category><![CDATA[Events]]></category>

		<guid isPermaLink="false">http://www.ojr.org/?p=827</guid>
		<description><![CDATA[The internet has evolved from a read-only medium to a read-write medium, journalist Dan Gillmor said Tuesday at an informal presentation at USC’s Annenberg School for Communication. &#8220;Blogs are the first instance of this read-write phenomenon, but it’s not the last. There’s more coming,&#8221; said Gillmor, a blogger at Bayosphere.com and the author of We [...]]]></description>
				<content:encoded><![CDATA[<p>The internet has evolved from a read-only medium to a read-write medium, journalist <a href="http://www.oreillynet.com/cs/catalog/view/au/1201">Dan Gillmor</a> said Tuesday at an informal presentation at <a href="http://ascweb.usc.edu/home.php">USC’s Annenberg School for Communication</a>.</p>
<p>&#8220;Blogs are the first instance of this read-write phenomenon, but it’s not the last.  There’s more coming,&#8221; said Gillmor, a blogger at <a href="http://bayosphere.com/blog/dangillmor">Bayosphere.com</a> and the author of <a href="http://wethemedia.oreilly.com/">We the Media: Grassroots Journalism by the People, for the People</a>.</p>
<p>&#8220;Journalism is changing from the lecture mode … to a conversation or a seminar where we take the publication and move on to something better,&#8221; Gillmor explained.</p>
<p>Gillmor discussed his well-known credo &#8220;<a href="http://www.siliconvalley.com/mld/siliconvalley/business/columnists/dan_gillmor/ejournal/2743311.htm">my readers know more than I do</a>.&#8221;  This is true for all journalism, he said, and instead of being viewed as threatening, it should be viewed as an opportunity.</p>
<p>An example of community members sharing their knowledge with others would be <a href="http://www.wikipedia.org/">Wikipedia.org</a>, which Gillmor called &#8220;the most important experiment today in bottom-up content. &#8230; I’m in awe of what these guys have accomplished.&#8221;  In fact, Gillmor, noted for his dedication to grassroots journalism, said: &#8220;I go to school there to learn about community online.&#8221;</p>
<p>&#8220;Making sense of this global conversation is really difficult,&#8221; Gillmor said, but ultimately, &#8220;[Blogging is] a kind of wonderful noise, and I love the noise,&#8221; Gillmor said.  Journalism should be a clear signal above the noise, and the challenge is to get people to pay attention to it, he added.</p>
<p>Gillmor urged responsible practices in participatory journalism and blogging.  On his own site, he has citizen journalists sign a <a href="http://bayosphere.com/cjregister">pledge</a> where contributors agree to work in the community interest.  In addition to asking for people’s real names, the pledge states that accuracy, thoroughness, fairness and transparency are expected standards.</p>
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		<title>We Media &#039;05: Online participation in conference open to all</title>
		<link>http://www.ojr.org/we-media-05-online-participation-in-conference-open-to-all/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=we-media-05-online-participation-in-conference-open-to-all</link>
		<comments>http://www.ojr.org/we-media-05-online-participation-in-conference-open-to-all/#comments</comments>
		<pubDate>Thu, 29 Sep 2005 16:31:14 +0000</pubDate>
		<dc:creator>Diana Day</dc:creator>
				<category><![CDATA[Events]]></category>

		<guid isPermaLink="false">http://www.ojr.org/?p=798</guid>
		<description><![CDATA[Can&#8217;t make it to the Media Center&#8217;s We Media conference in New York? There are several ways you can still participate: 1) Let the speakers know the topics you&#8217;d like discussed. 2) Like Watts Wacker and Andrew Heyward, you too can post musings about mass collaboration. 3) Follow along as We Media is live-blogged and [...]]]></description>
				<content:encoded><![CDATA[<p>Can&#8217;t make it to the Media Center&#8217;s <a href="http://www.mediacenter.org/wemedia05/">We Media</a> conference in New York?</p>
<p>There are several ways you can still participate:</p>
<p>1) <a href="http://mediacenter.blogs.com/morph/2005/08/we_media_behold.html">Let the speakers know</a> the topics you&#8217;d like discussed.</p>
<p>2) Like Watts Wacker and Andrew Heyward, you too can <a href="http://mediacenter.blogs.com/morph/2005/09/how_do_you_coll.html">post musings about mass collaboration</a>.</p>
<p>3) Follow along as We Media is <a href="http://mediacenter.blogs.com/morph/tmc_event_we_media_05_ap/index.html">live-blogged and podcast</a>. Submit your comments and they might be shared with the entire conference.</p>
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		<title>ONA announces Online Journalism Awards finalists</title>
		<link>http://www.ojr.org/050926day/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=050926day</link>
		<comments>http://www.ojr.org/050926day/#comments</comments>
		<pubDate>Mon, 26 Sep 2005 16:50:35 +0000</pubDate>
		<dc:creator>Diana Day</dc:creator>
				<category><![CDATA[Events]]></category>

		<guid isPermaLink="false">http://www.ojr.org/?p=789</guid>
		<description><![CDATA[The Online News Association, in conjunction with USC&#8217;s Annenberg School for Communication, has announced the finalists for its 2005 Online Journalism Awards. The awards will be presented in New York City at the ONA conference, Oct. 28-29 at the Hilton New York.]]></description>
				<content:encoded><![CDATA[<p>The <a href="http://www.journalists.org/">Online News Association</a>, in conjunction with USC&#8217;s <a href="http://ascweb.usc.edu/home.php">Annenberg School for Communication</a>, has announced the <a href="http://www.journalists.org/awards/archives/000338.php">finalists</a> for its 2005 Online Journalism Awards.</p>
<p>The awards will be presented in New York City at the ONA conference, Oct. 28-29 at the Hilton New York.</p>
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		<title>Conference highlights rise of new media outlets</title>
		<link>http://www.ojr.org/050906day/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=050906day</link>
		<comments>http://www.ojr.org/050906day/#comments</comments>
		<pubDate>Tue, 06 Sep 2005 14:17:51 +0000</pubDate>
		<dc:creator>Diana Day</dc:creator>
				<category><![CDATA[Events]]></category>

		<guid isPermaLink="false">http://www.ojr.org/?p=750</guid>
		<description><![CDATA[Via Yahoo News: On September 15 at New York University, Impact &#8217;05 will present an impressive array of speakers at a one-day conference about &#8220;the dramatic transformation of traditional media and the emergence of non-traditional media channels,&#8221; according to a press release. Political strategist Joe Trippi will give a keynote address about the emergence of [...]]]></description>
				<content:encoded><![CDATA[<p>Via <a href="http://biz.yahoo.com/prnews/050906/nytu226.html?.v=7">Yahoo News</a>: On September 15 at New York University, <a href="http://www.impactconferences.com/">Impact &#8217;05</a> will present an impressive array of speakers at a one-day conference about &#8220;the dramatic transformation of traditional media and the emergence of non-traditional media channels,&#8221; according to a press release.  Political strategist Joe Trippi will give a keynote address about the emergence of social networking software, podcasting and blogs.  Other speakers include: NYTimes.com editor-in-chief Len Apcar, Salon&#8217;s Joan Walsh and Technology Review&#8217;s Jason Pontin.</p>
<p>Of special note is the scheduled appearance of the head of corporate communications for The American Red Cross, Charles Connor, who will speak about facing the communications challenges and successes of <a href="http://www.www.ojr.org/ojr/wiki/katrina/">Hurricane Katrina</a>.</p>
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