Newspaper Licensing Agency Ltd
What is NLA’s web content strategy?
Distinguish between consumer and professionalNewspapers have commercial relationships with Google/facebook etc
NLA addresses professional web monitoring; Meltwater/Moreover etc
Licensing solution:
Web Database Licence for Media Monitoring Organisations to copy (‘scrape’) content and provide a paid-for service
A Web End-User Licence for clients to receive the service Copying online content
Database solution:
Add web content to the eClips database directly from editorial systems
Create services to MMOs (better than web-scraping) Publishers (reference, commercial feeds) Libraries
Newspaper Licensing Agency Ltd
What has NLA achieved through the UK courts?
The High Court (2010) / Court of Appeal (2011) ruled:
A headline can be an independent literary work So copying can infringe copyright
Text extracts can benefit from copyright protection Headline/opening sentence/’hit’ sentence
End users need a licence to make copies on their computers By receiving a report or opening a portal link
Newspaper Licensing Agency Ltd
What happened at the Copyright Tribunal?
The Tribunal’s Interim Decision February 2012: Ruled on terms/conditions and pricing
Meltwater failed to argue that licences do not apply / fees should be zero: It is not a search engine or effectively the same as Google A headlines-only service would require a (full-price) licence
NLA licensing structure was upheld for all client categories Prices agreed without change for 2010 and 2011 Modified for 2012 onwards
International clients must be disclosed The challenge now is to license them!
Newspaper Licensing Agency Ltd
What next? Legal challenges
Supreme Court 2013 Meltwater is appealing the ‘temporary copying exemption’
Article 5(1) Information Society Directive Fashionable area of law in the UK
Pub landlady case Top up TV
CJEU? 2015? Does anyone have any restaurant recommendations for Strasbourg?
Newspaper Licensing Agency Ltd
What next? Commercial
Start invoicing! Licensing effective from 2010 Transform pirates to customers!
Sell eClips Web database services to MMOs Superior to scraping Makes licensing more effective New revenue stream for publishers
Monitor Google effect on media monitoring Establish research study with MMOs
Meltwater can now focus on other actions! Norway, Canada and USA
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