Suit could test fair use in the Internet Age
NEW YORK — In a case that could set limits on Internet search engines, the French news agency AFP is suing Google Inc. for pulling together photos and story excerpts from thousands of news Web sites.
Agence France-Presse said the “Google News” service infringes on AFP’s copyrights by reproducing information from the Web sites of subscribers of the Paris-based news wholesaler.
The issues raised by the case have profound implications for the Internet, where anyone can be a publisher and Web journals, or blogs, are becoming more frequent destinations for seekers of news.
The lawsuit’s outcome will likely hinge on whether Google can persuade the courts that Google News constitutes permissible “fair use” of copyright material. Legal scholars say Google could argue that it adds value by significantly improving the news-consuming experience without greatly harming AFP’s ability to sell its service.
But in seeking at least $17.5 million in damages, AFP says Google adds little because its news site looks much like those of AFP subscribers, albeit one where software and not human editors determine the placement of stories on a page.
The U.S. District Court in Washington, D.C., where the lawsuit was filed Thursday, will ultimately have to balance search engines’ desire to give consumers convenience, selling ads in the process, and copyright owners’ rights to control their works.
“The story (of the Internet) from day one has been one of waves of liberation followed by attempts at control,” said Jonathan Zittrain, a Harvard law professor. “It’s rightly up to the courts and the government to figure out where the lines should be drawn.”
It’s possible, though, for the courts to skirt key issues given Google’s promise this week to remove the AFP items in question, though technically that’s not something that can be done overnight.
AFP lawyer Joshua Kaufman said the lawsuit would nevertheless proceed because damage already has been done.
The Google News service, which debuted in 2002, scans some 4,500 news outlets and highlights the top stories under common categories such as world and sports.
Many stories carry a small image, or thumbnail, along with the headline and the first sentence or two. Visitors can click on the headline to read the full story at the source Web site.