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Syndication and Copyright: Is there an implied unrestricted license with a full-text RSS feed?

In response to someone who wants off his link blog, Scoble has a comment about aggregators in general, asserting that "Beer [B]y publishing RSS as full text you're buying into a system where your words will be republished in a variety of ways."

Sorry, Robert, but you're wrong. Just because you publish something in a format that facilitates reuse doesn't mean you should be forced to relinquish all control over it. You seemed to acknowledge this in discussing why your link blog isn't "evil", but let me make this important point explicitly: 

The content's medium alone does not eliminate the author's rights in that content.

In the Autolink discussion, I said that copyright exists to protect the content producer. The Constitution says that "Congress shall have Power . . . To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." In other words, we want to encourage people to create but, in order to achieve that goal, we will give the creators some ownership. (Actually, I may have given the wrong impression originally: copyright is really, or should be, an attempt to balance the rights of the producer and the consumer).

I am writing for fun and my goal is to publish (hopefully) interesting content that people want to read. I appreciate it when Robert links to me because it means more people will see that content. I am also happy when someone decides they like my content enough to subscribe, even if it's a "commercial" aggregator like Bloglines. But everyone may not feel the same way.

As a producer, I have the ability to define how others can use my content. If we want to encourage sites to syndicate their content, we have to ensure that they can prevent people from using content in ways they don't want to allow. This is at the heart of a lot of the Creative Commons licenses, including the Attribution-NonCommercial license I publish my content under.

This license basically says you can repurpose my content here as long as 1) you attribute the content to me and 2) don't use it for commercial purposes. In other words, I want to allow people like Scoble to post my content on his link blog, but I don't want someone taking my content and using it in a book.

That last scenario may seem like a far-fetched, but consider that Robert and Shel are publishing a full-text feed with chapters from The Red Couch. I wonder how Robert would feel if I took his content and published it myself? I wonder how his publisher, Wiley, would feel?

I would think, of all people, Robert would be in perhaps the best position to make the distinction on how content is used, and it's surprising to me that he chooses to ignore it.

Let me say that again: The content's medium alone does not eliminate the author's rights in that content.

This is also at the core of the blogger-as-journalist argument: It doesn't matter how you publish it, it matters how you create it..

The real problem is that anything that is digital - not just XML - is easily repurposed. Should XML be treated differently than HTML somehow? What if the HTML is well-formed? This mentality that "if I have it I can use it however I want" is exactly the mentality that makes the the record industry put DRM on everything.

Scoble's response: "OK, are five bloggers who want total control of their content gonna ruin it for everyone?"

See also:

Only published comments... Mar 20 2005, 06:10 PM by Tim

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Terry said:

Tim,

I completely agree with you that publishing copyrighted content doesn't diminish the copyright protection.

However, I think there are legitimate reasons to question whether the content of an RSS feed can be copyrighted in the first place. One of these is whether the information included in the feed is factual or creative. The other is whether the included headline is a title, which, AFAIK, can't be copyrighted.

And, of course, even though the contents of your site are copyrighted, it's not clear that using the information typically in a feed wouldn't fall under fair use.

Must my $0.02 (and you only get what you pay for),

Terry Steichen
March 24, 2005 8:02 AM
   

Tim said:

Terry: You're exactly right. I wasn't trying to imply that just because something was in an RSS feed it was necessarily covered by copyright; only that something that is protected by copyright shouldn't become public domain simply because it is delivered in RSS.
March 25, 2005 5:32 PM
 

Loosely Coupled // Tim Marman's Weblog said:

Looking back over some of my previous posts, I realized I came across as a bit of a protectionist. ...
April 6, 2005 8:22 AM
 

Alan Dean said:

So far as I am aware, copyright carries with it a provision to permit 'fair use'. For example, it is not acceptable to photocopy an entire book but it is acceptable to photocopy parts. The question then becomes: what constitutes 'fair use' of RSS feeds? Is it fair use to consume the feed from a client application? I would say that it clearly is (being, after all, the major use of such feeds) even though this means copying the entire content. At the opposite end - taking the feed and printing it for sale without attribution would not generally be considered 'fair use'. Somewhere in the middle lies the common ground. You know, it's funny - I have yet to see any blogger asserting copyright by having "Copyright 2005", for example, actually *in* the data feed... In fact, I just checked Tim's RSS to see if he did (he doesn't).
May 14, 2005 9:32 PM
 

Loosely Coupled // Tim Marman's Weblog said:

Robert Scoble is complaining that someone is repurposing his content . It’s one thing to use it in an

August 28, 2006 12:02 PM
 

Loosely Coupled // Tim Marman's Weblog said:

Robert Scoble is complaining that someone is repurposing his content. It’s one thing to use it in an

August 28, 2006 12:02 PM
 

PlagiarismToday » Legal and Ethical Link Blogging said:

Pingback from  PlagiarismToday » Legal and Ethical Link Blogging

September 12, 2007 6:05 PM