Newspaper Licensing Ireland

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Newspaper Licensing Ireland Ltd (NLI) is an Irish not for profit company which provides licences to organisations to copy and distribute copyrighted material from print sources, such as from newspapers and magazines. [1] The company, which was established in 2002, [1] was set up by the National Newspapers of Ireland group, [2] later renamed "NewsBrands Ireland". In 2012 and 2013, Newspaper Licensing Ireland gained attention, and posted a "clarifying statement", [3] [4] relating to its reported position on charging organisations to hyperlink to newspaper articles. [5] [6] [7]

Contents

Formation and membership

Newspaper Licensing Ireland (NLI) was established in 2002 by the National Newspapers of Ireland (NNI) group. [1] [2] Its establishment was prompted by the use and distribution of press cuttings, by businesses, to their employees, clients and customers.[ citation needed ] Newspaper articles that are photocopied, scanned, passed around or published on an intranet or website may be subject to copyright, and, if so, must be licensed. The NLI was set up in response to changes to Irish copyright law, introduced by the Copyright and Related Rights Act 2000, which equiped content owners with new methods to assert copyright over their publications.[ citation needed ]

The members of the NLI are companies involved in the printing industry in Ireland. As of 2011, the organisation reportedly represented the intellectual property interests of eight national and 24 regional newspaper publishers, representing 110 newspaper publications. [8] NLI is a member of the International Federation of Reproduction Rights Organisations (IFRRO). [9]

Controversy

NNI submission

In 2012, the NNI (the organisation that set up the NLI) made a submission to the Copyright Review Committee of the Department of Justice and Equality, relating to its position on hyperlinking which asserted that it was "the view of NNI that a link to copyright material does constitute infringement of copyright". [10]

"Cease and desist" to Women's Aid charity

In May 2012, McGarr Solicitors stated that they had helped to draft a response to Newspaper Licensing Ireland on behalf of Women's Aid Ireland, a charity that helps victims of domestic violence, after the latter had received a cease and desist letter that sought money from the charity for linking to online newspaper articles that included positive mentions of the charity's work. [11] [12] In their letter, NLI alleged that the reproduction of copyrighted content without permission is theft, and that Women's Aid "will be breaking the law" if they did not comply with the NLI's demands. [13]

The NLI letter, which was described in the Irish Times as having attracted "widespread criticism", [2] sought a licence fee not for actual reproduction of an article or the publication of an excerpt from an article, but merely for publishing a hyperlink to news articles. The NLI licence price-list, at the time, reportedly ranged from €300 for 1–5 links published annually, to €1,250 for 26–50 links published annually, with the price for publishing more than 50 links being "negotiable". [14] The reply to NLI pointed out that the terms and conditions of the NLI's member newspaper websites in many cases explicitly granted permission to produce weblinks to articles and that some NLI member websites included sharing buttons to encourage the creation of weblinks for use on social media. [11]

In December 2012, McGarr Solicitors issued a follow-up press release on the topic. [15] Following a tweet linking to the release by Graham Linehan, the topic was covered internationally by media outlets including Boing Boing, The New York Observer , The Guardian and Forbes . [16] [17] [18] It was also addressed by Professors of Journalism Jay Rosen, Jeff Jarvis and George Brock. An opinion piece published by McGarr, on Irish news website TheJournal.ie, contrasted the international coverage of the story with a lack of coverage in Irish print media. [14]

Related Research Articles

<span class="mw-page-title-main">Hyperlink</span> Method of referencing visual computer data

In computing, a hyperlink, or simply a link, is a digital reference to data that the user can follow or be guided to by clicking or tapping. A hyperlink points to a whole document or to a specific element within a document. Hypertext is text with hyperlinks. The text that is linked from is known as anchor text. A software system that is used for viewing and creating hypertext is a hypertext system, and to create a hyperlink is to hyperlink. A user following hyperlinks is said to navigate or browse the hypertext.

In the context of the World Wide Web, deep linking is the use of a hyperlink that links to a specific, generally searchable or indexed, piece of web content on a website, rather than the website's home page. The URL contains all the information needed to point to a particular item. Deep linking is different from mobile deep linking, which refers to directly linking to in-app content using a non-HTTP URI.

The Irish Recorded Music Association (IRMA) is a non-profit association set up in 1999 to promote certain interests of the music industry in Ireland. It is particularly active in addressing copyright issues, and it compiles the official music charts for Ireland.

<span class="mw-page-title-main">Google News</span> News aggregator website and app

Google News is a news aggregator service developed by Google. It presents a continuous flow of links to articles organized from thousands of publishers and magazines. Google News is available as an app on Android, iOS, and the Web.

DMG Media is an intermediate holding company for Associated Newspapers, Northcliffe Media, Harmsworth Printing, Harmsworth Media and other subsidiaries of Daily Mail and General Trust. It is based at 9 Derry Street in Kensington, west London.

Boing Boing is a website, first established as a zine in 1988, later becoming a group blog. Common topics and themes include technology, futurism, science fiction, gadgets, intellectual property, Disney, and left-wing politics. It twice won the Bloggies for Weblog of the Year, in 2004 and 2005. The editors are Mark Frauenfelder, David Pescovitz, Carla Sinclair, and Rob Beschizza, and the publisher is Jason Weisberger.

<span class="mw-page-title-main">National Library of Ireland</span> Irish heritage institution and repository

The National Library of Ireland is the Republic of Ireland's national library located in Dublin, in a building designed by Thomas Newenham Deane. The mission of the National Library of Ireland is "To collect, preserve, promote and make accessible the documentary and intellectual record of the life of Ireland and to contribute to the provision of access to the larger universe of recorded knowledge."

APRA AMCOS consists of Australasian Performing Right Association (APRA) and Australasian Mechanical Copyright Owners Society (AMCOS), both copyright management organisations or copyright collectives which jointly represent over 100,000 songwriters, composers and music publishers in Australia and New Zealand. The two organisations work together to license public performances and administer performance, communication and reproduction rights on behalf of their members, who are creators of musical works, aiming to ensure fair payments to members and to defend their rights under the Australian Copyright Act (1968).

Copyright law of Ireland is applicable to most typical copyright situations. In most cases, copyright protection expires 70 years after the death of the author/creator. Irish law includes a provision for "fair dealing," similar to that used by other countries.

<span class="mw-page-title-main">Copyfraud</span> False copyright claims to public-domain content

A copyfraud is a false copyright claim by an individual or institution with respect to content that is in the public domain. Such claims are unlawful, at least under US and Australian copyright law, because material that is not copyrighted is free for all to use, modify and reproduce. Copyfraud also includes overreaching claims by publishers, museums and others, as where a legitimate copyright owner knowingly, or with constructive knowledge, claims rights beyond what the law allows.

<span class="mw-page-title-main">Iona Institute</span>

Lolek CLG, operating under the business name the Iona Institute, is an Irish, socially conservative organisation that advocates the advancement and promotion of the Christian religion and its social and moral values. It has been frequently described as a Catholic pressure group. Founded by columnist David Quinn, it was launched publicly in 2007.

St Vincent's Secondary School, or St Vincent's CBS, is an independent Catholic Voluntary Secondary School in Glasnevin, Dublin, Ireland. It operates as a registered charity under the trusteeship of the Edmund Rice Schools Trust. As of 2017, St Vincent's CBS secondary school had an enrollment of 375 boys.

<span class="mw-page-title-main">TV Links</span>

TV Links was a user contributed online video directory for television programmes, films, and music videos. In a similar style to BitTorrent trackers such as The Pirate Bay, video content was not hosted by TV Links. Instead, videos were hosted by third-party video sharing websites. The website was operated as a hobby by David Rock of Cheltenham, England.

<span class="mw-page-title-main">International Standard Name Identifier</span> 16 digit identifier for people and organisations

The International Standard Name Identifier (ISNI) is an identifier system for uniquely identifying the public identities of contributors to media content such as books, television programmes, and newspaper articles. Such an identifier consists of 16 digits. It can optionally be displayed as divided into four blocks.

Crown copyright is a type of copyright protection. It subsists in works of the governments of some Commonwealth realms and provides special copyright rules for the Crown, i.e. government departments and (generally) state entities. Each Commonwealth realm has its own Crown copyright regulations. There are therefore no common regulations that apply to all or a number of those countries. There are some considerations being made in Canada, UK, Australia and New Zealand regarding the "reuse of Crown-copyrighted material, through new licences".

In copyright law, the legal status of hyperlinking and that of framing concern how courts address two different but related Web technologies. In large part, the legal issues concern use of these technologies to create or facilitate public access to proprietary media content — such as portions of commercial websites. When hyperlinking and framing have the effect of distributing, and creating routes for the distribution of content (information) that does not come from the proprietors of the Web pages affected by these practices, the proprietors often seek the aid of courts to suppress the conduct, particularly when the effect of the conduct is to disrupt or circumvent the proprietors' mechanisms for receiving financial compensation.

Copyright Clearance Center (CCC) is a U.S. company based in Danvers, Massachusetts,, that provides collective copyright licensing services for corporate and academic users of copyrighted materials. CCC procures agreements with rightsholders, primarily academic publishers, and then acts as their agent in arranging collective licensing for institutions and one-time licensing for document delivery services, coursepacks, and other access and uses of texts.

Collective rights management is the licensing of copyright and related rights by organisations acting on behalf of rights owners. Collective management organisations (CMOs), sometimes also referred to as collecting societies, typically represent groups of copyright and related rights owners, i.e; authors, performers, publishers, phonogram producers, film producers and other rights holders At the least, rights holders authorize collective rights management organizations to monitor the use of their works, negotiate licenses with prospective users, document correct right management data and information, collect remuneration for use of copyrighted works, ensuring a fair distribution of such remuneration amongst rightsholders. WMOs also act on legal mandates. Governmental supervision varies across jurisdictions.

The Copyright Licensing Agency (CLA) is a UK non-profit organisation established in 1983 to perform collective licensing on behalf of its members the Authors' Licensing and Collecting Society (ALCS), Publishers' Licensing Services(PLS), the Design and Artists Collecting Society (DACS) and PICSEL. The Copyright Licensing Agency is based in 35 Ballards Lane, London, N3 1XW.

Indian Reprographic Rights Organisation (IRRO) is a copyright society established under Section 33 of the Copyright Act, 1957. Its main objective is to ensure that the copyrights of authors are protected and that copyright owners are respected and rewarded when their original works are used and reproduced. The guidelines of regulating copyrights by IRRO are curated in a fair way that rewards the authors, creators, and publishers and allows easy reproduction of their works and publications. The organization deploys the highest ethical standards when it comes to dealing with the rights of authors, collecting and distributing remunerations, and the bonafide funds they hold.

References

  1. 1 2 3 "Profile: NLI, Newspaper Licensing Ireland Limited, Ireland". ifrro.org. International Federation of Reproduction Rights Organisations. Archived from the original on 3 October 2006.
  2. 1 2 3 "NLI clarifies statement on copyright". Irish Times. 7 January 2013. Retrieved 5 October 2023.
  3. "Statement on Behalf of National Newspapers of Ireland". NewsBrandsIreland.ie . 2013. Retrieved 5 October 2023.
  4. "Newspaper licensing body issues statement on "paying for links"". thejournal.ie. Journal Media Ltd. 7 January 2013. Retrieved 5 October 2023.
  5. "Doing It Wrong: Irish Newspaper Licensing Organization Asks Women's Charity To Pay For Links". TechCrunch.com . 29 May 2012.
  6. "Irish Newspapers Want To Pass A Law That Would Allow Them To Charge Anyone Who Links To Their Articles". Businessinsider.com . 5 January 2013. Retrieved 5 October 2023.
  7. "Irish newspapers on defence over sharing links". Phys.org . 4 January 2013. Retrieved 5 October 2023.
  8. "Newspaper Licensing Ireland Ltd - Submission to the Copyright Review Committee on the Consultation on the Review of the Copyright & Related Rights Act 2000" (PDF). 13 July 2011. Retrieved 5 October 2023 via enterprise.gov.ie.
  9. "About Newspaper Licensing Ireland". newspaperlicensing.ie. Newspaper Licensing Ireland. Retrieved 5 October 2023.
  10. "Further Submission of National Newspapers of Ireland (NNI) to the Copyright Review Committee on its Consultation Paper on copyright and innovation" (PDF). National Newspapers Ireland. July 2012. Archived from the original (PDF) on 15 January 2013.
  11. 1 2 "Newspaper Licensing Ireland Ltd asks Women's Aid for money to link to newspaper websites". McGarr Solicitors. 10 May 2012. Retrieved 10 May 2012.
  12. "Newspapers thinking money grows on links". Maman Poulet. 11 May 2012. Retrieved 11 May 2012.
  13. "McGarr Solicitors V Newspaper Licensing Ireland", Broadsheet.ie, 10 May 2012 (accessed 2012-05-11)
  14. 1 2 "Newspapers are seeking to outlaw the free exchange of ideas". TheJournal.ie. 4 January 2013. Retrieved 4 January 2013.
  15. "2012: The year Irish newspapers tried to destroy the web". McGarr Solicitors. 30 December 2012. Retrieved 4 January 2013.
  16. "Newspapers demand to be paid if you link to them". Boing Boing. 2 January 2013. Retrieved 4 January 2013.
  17. "Plus how Irish papers wanted to charge for inbound links". The Guardian . 2 January 2013. Retrieved 4 January 2013.
  18. "It Would Have To Be The Irish NewsPapers Trying Something Insanely Stupid Like Charging For Links To Websites". Forbes . 3 January 2013. Retrieved 4 January 2013.