See you at the NEPA convention

Social Media for Journalists

I’ll be at the annual New England Press Association convention this afternoon, leading a workshop on blogging and social media for journalists. Thanks for the help many of you gave me, and I hope to see some of you there.

Above is the slideshow I’ll be using. My goal is to move through it quickly and get into idea-sharing, since I expect many of the participants will have at least as much to offer as I do.

AP’s copyright complaint a likely loser

You can’t judge a copyright case ahead of time. But based on the facts, I’d say the Associated Press’s copyright complaint regarding the Barack Obama “Hope” poster is a loser. The AP is seeking compensation because the artist, Shepard Fairey, used a photo taken by the AP’s Mannie Garcia.

“Fair use” — the doctrine under which you can use a copyright-holder’s work without permission and without paying for it — specifically allows for works that are “transformative.” That is, if you build upon someone else’s work rather than simply passing it along unaltered, there’s a good chance the copyright police aren’t going to bust you.

That was the principle in Campbell v. Acuff-Rose Music Inc., a 1994 case in which the U.S. Supreme Court ruled that 2 Live Crew were in the clear with its parody version of Roy Orbison’s “Oh Pretty Woman.”

In 2001, the California Supreme Court ruled that an artist who made “Three Stooges” T-shirts was not protected by fair use specifically because they were not transformative — they simply used images of Moe, Larry and Curly without any alteration. It seemed clear from the court’s ruling that if the artist had had, say, printed “Bush, Cheney and Rumsfeld” (or “Clinton, Gore and Rubin”) on the T-shirts below Moe, Larry and Curly’s pictures, then he’d have been covered by fair use.

In the recent dust-up between GateHouse Media and the New York Times Co., GateHouse officials said they wouldn’t have minded if the Boston Globe’s Your Town hyperlocal sites included blogs that linked to GateHouse content. What GateHouse objected to was the Globe’s automated lifting of verbatim headlines and ledes — again, no transformative element.

The AP says it hopes its case Fairey can be settled without a lawsuit. I’m sure that’s true. The AP’s lawyers may be counting on Fairey’s paying money to make this go away rather than be subjected to negative publicity.

But if this goes to court, my money’s on Fairey.

Dennis, Callahan* and homophobia

People regularly tell me about the homophobic rants on “Dennis & Callahan,” on WEEI Radio (AM 850), but I rarely catch them in the act during the two- or three-minute increments in which I listen to them. I only stay when they’re actually talking about sports.

So let me pass along the BC Heights’ account of their loathsome shtick from earlier this week. As Adam Gaffin puts it: “I’d almost think Dennis and Callahan are closeted but … That would be an insult to gay men.”

*Update and correction: WEEI is so proud of the segment that it put the audio online. As it turns out, Gerry Callahan was out sick that day.

Wall Street Journal blew Madoff story

Financial journalist and blogger Gary Weiss has been paying close attention to the congressional testimony of thwarted whistleblower Harry Markopolos — and finds that Markopolos says he tried to interest the Wall Street Journal in the Bernie Madoff story three years ago to no avail.

According to Markopolos, Journal reporter John Wilke was ready to leap in, but could never get clearance from his superiors.

Sickening. (Via Romenesko.)