GateHouse Media will file a lawsuit against the New York Times Co. in U.S. District Court, claiming that links to GateHouse content on Boston.com’s “Your Town” sites constitute copyright infringement, according to an e-mail sent out internally by Kirk Davis, president of GateHouse Media New England.
The case could settle some legal questions about how much one news organization can use of another news org’s content. The Boston.com sites — currently in Newton, Needham and Waltham — take just a line or a brief summary from GateHouse papers such as the Newton Tab, the Needham Times and the Daily News Tribune of Waltham. (“Your Town” also links to local blogs and other news sites.) Boston.com’s Bob Kempf, himself a former GateHouse official, has said the goal is to roll out “Your Town” in 120 cities and towns.
Since Boston.com is selling advertising on its “Your Town” pages, the argument is that the New York Times Co., which owns Boston.com, is profiting from GateHouse’s journalism. And even if Boston.com is driving traffic to individual GateHouse stories, there’s an argument to be made that “Your Town” is diminishing the value of GateHouse’s “Wicked Local” home pages in those communities.
The full text of Davis’ e-mail is as follows:
To Staff:
As many of you know, there has been considerable discussion within our organization about developments surrounding our local web sites, particularly Newton, as we have followed The Boston Globe’s announced plans for community web sites and how they have executed their strategy.After being unable to resolve the matter informally, GateHouse has commenced legal action in federal district court in Boston today against the New York Times Company in order to prevent the continuing infringement by Boston.com of GateHouse’s valuable intellectual property, created through the effort, experience and expertise of GateHouse personnel. GateHouse has taken this step to enforce its rights under the law and protect the integrity of its trademarks and original news content, in furtherance of its ability to provide hyperlocal news coverage to its newspaper readers and website viewers in the communities throughout the greater Boston region which it has served over many years.
As a matter of policy, I won’t be commenting further on this matter. Instead, it is appropriate that we let this matter take its natural legal course. Simply put, I hope you derive from this development that we value greatly your efforts, commitment and talent.
When appropriate I will update you further on this matter.
I sincerely hope you enjoy the holidays. It’s unfortunate that the economic backdrop is so unsettling, but we’ll work through it. As I have shared with you many times, we occupy an important niche in the media mix. Local news and relationships are our strength and we will safeguard both.
On behalf of the senior management team, we deeply appreciate your commitment!
Sincerely,
Kirk Davis
President
GateHouse Media New England
This is one of the most important stories in the newspaper business right now. It will be fascinating to see how it plays out.