To close out the year, I decided to narrow down my favorite albums of 2010; here are the top three.
3. All Day, Girl Talk
Girl Talk’s All Day is the perfect everything album. It’s great for parties, in the car, at the gym, or in the shower. Even if you’re more sedentary, Girl Talk’s third album will get your endorphins flowing no matter what musical background you’re from. Split into 12 tracks, the album was actually released for free as one seamless 71-minute MP3 file, and each track flows directly into the next. The hour plus mash up features samples from everyone from Bone Thugs to Bush to George Clinton to Nicki Minaj to the Grateful Dead. A full list of the songs sampled is available here, on the label’s website.
With the variety of artists sampled on All Day, if you like music, you’re bound to find at least a few tracks that get you out of your seat. While it’s not spectacularly different from Gregg Gillis’s (his actual name) style on Feed the Animals or Night Ripper, the wide variety of his samples and his unmatched skill in mashing them up into the perfect combinations are what make All Day one of my favorite albums of 2010.
2. Odd Blood, Yeasayer
Yeasayer has come a long way since All Hour Cymbals, and though it’s in a pop-ier direction, it worked for the Avett Brothers and Black Keys, so why not? Yeasayer brings their experimental, ambient psych rock influences to the table without coming off as pretentious indie rock, as has been said of their debut album. The threesome, which describe their music as "Middle Eastern-psych-snap-gospel", is defined by Chris Keating’s falsetto vocals, orchestral synth lines, and attention to detail.
Odd Blood is a great straight-through listen, and one that I’ve found, will continue to grow on you. Favorites include “I Remember,” a slower, “not-your-typical” love song driven by drums and “Mondegren,” a spooky, quick tempo jam with a great horn cameo.
1. Plastic Beach, The Gorillaz
Nothing held my attention all year like The Gorillaz‘s innovative, collaborative, absolutely wonderful Plastic Beach. If you didn’t know who Damon Albarn is before this year, you should now. The Plastic Beach tour marked The Gorillaz’s first performances in front of the screen, and for many fans, the realization that The Gorillaz is actually the brainchild of one man, Albarn.
On Plastic Beach he did it all; he nailed the concept album without coming off as preachy, over half of the tracks were well-executed collaborations, and each song had hit potential. Every song is so catchy it’s hard to pick favorites, but definite stand-outs include Stylo (with Mos Def), Empire Ants (with Little Dragon), Superfast Jellyfish and the title track, Plastic Beach. Albarn’s synthesized orchestra lacks no depth and vocals from Bobby Womack and Little Dragon really seal the deal. Albarn is planning to release an album for free on Christmas Day 2010 titled “The Fall” that was made on his iPad while touring this past autumn. If it takes off, its potential to influence how music is produced will only reinforce the genius of Damon Albarn.
A creative multimedia journalist, music & nature lover, and writer; this blog is where you can find my work and my resume.
Thursday, December 16, 2010
Thursday, December 9, 2010
BEP’s “The Beginning” Misses Its Mark
The Black Eyed Peas were going for a hip European-style dance album to follow up 2009’s smash The E.N.D. (Energy Never Dies). Unfortunately, what they wound up with is a 15-track argument for why the Peas should go back to their roots in pop and hip-hop.
The first single, “The Time (Dirty Bit)” has a catchy dub step style melody behind the verses but the lyrics are repetitive and uninspired (“I was born to get wild/that’s my style/if you didn’t know that/well baby then you know now”). And the worst part, the chorus is a sample from an already overplayed song, “The Time of My Life” from the Dirty Dancing soundtrack. Will.I.Am’s lyrics are all auto-tuned, but Fergie’s voice is refreshingly real, one bright spot on the track.
Other singles include “Light Up the Night”, reminiscent of a broken jock jams record, and “Do It Like This”, another drum/synth club jam but featuring Fergie as an early Gwen Stefani. Fergie also emulates another female rock idol on “Fashion Beats”- Blondie’s Debbie Harry, circa Rapture. “Fashion Beats” is one of the best-produced songs on the album; Will.I.Am’s lyrics are still weak but the music sounds just like Daft Punk.
Overall, the whole album lacks depth. The majority of the songs only use a synth/drum combo and the lyrics are weak. Don’t be intimidated by Will.I.Am’s empty threat, “kill you with my lyricals, call me verbal criminal”; he’s no Talib, or even Drake. The album will make your head bob- it was definitely made for the clubs, but not to be listened to straight through or thought about.
The Beginning was released November 26th, 2010, ending its first week at #6 with sales of 119,000. That’s not as well as 2009’s The E.N.D., which debuted at #1 with 304,000 copies sold in its first week. It’s doubtful that The Beginning will reach the same success as its predecessor, which has sold over 11 million copies, but maybe the loyalty of the Peas’ fans (including Oprah who included the album on her “Favorite Things 2010”) will make it happen.
The first single, “The Time (Dirty Bit)” has a catchy dub step style melody behind the verses but the lyrics are repetitive and uninspired (“I was born to get wild/that’s my style/if you didn’t know that/well baby then you know now”). And the worst part, the chorus is a sample from an already overplayed song, “The Time of My Life” from the Dirty Dancing soundtrack. Will.I.Am’s lyrics are all auto-tuned, but Fergie’s voice is refreshingly real, one bright spot on the track.
Other singles include “Light Up the Night”, reminiscent of a broken jock jams record, and “Do It Like This”, another drum/synth club jam but featuring Fergie as an early Gwen Stefani. Fergie also emulates another female rock idol on “Fashion Beats”- Blondie’s Debbie Harry, circa Rapture. “Fashion Beats” is one of the best-produced songs on the album; Will.I.Am’s lyrics are still weak but the music sounds just like Daft Punk.
Overall, the whole album lacks depth. The majority of the songs only use a synth/drum combo and the lyrics are weak. Don’t be intimidated by Will.I.Am’s empty threat, “kill you with my lyricals, call me verbal criminal”; he’s no Talib, or even Drake. The album will make your head bob- it was definitely made for the clubs, but not to be listened to straight through or thought about.
The Beginning was released November 26th, 2010, ending its first week at #6 with sales of 119,000. That’s not as well as 2009’s The E.N.D., which debuted at #1 with 304,000 copies sold in its first week. It’s doubtful that The Beginning will reach the same success as its predecessor, which has sold over 11 million copies, but maybe the loyalty of the Peas’ fans (including Oprah who included the album on her “Favorite Things 2010”) will make it happen.
Tuesday, November 30, 2010
“...Featuring” a Great Pick for Fans New and Old
Norah Jones steps outside of her comfort zone on her newest album, released November 16th, “...Featuring Norah Jones”. Jones doesn’t let any kind of genre lines hold her back on “Featuring”, playing across country, hip hop, jazz and more, showing the broad spectrum that she can bring her bluesy style to.
Rather than releasing the standard greatest hits compilation album, Jones made the right decision to put together her favorite collaborations from the last ten years. Her radio hits don’t capture her versatility like this album can, and two heads are better than one; in each song the influence of the collaborating artists is evident. With guests from Willie Nelson to Outkast, she even managed to find a good flow for the album, which is a great straight-through listen.
Album standouts include Charlie Hunter’s “More Than This” featuring Jones, a light loungy tune with the vibes of a dreamy night on the beach, and “Virginia Moon” a surprisingly smooth and soft Grohl/Jones duet with the Foo Fighters.
While more of the songs on the album lean towards country or jazz, the contributions of Q-Tip, Talib Kweli, and Andre 3000 of Outkast bring some edge. Talib is an undeniably outstanding lyricist and lays it down proper with Norah making her appearance in the chorus. “Take Off Your Cool” off of Outkast’s “Speakerboxxx/The Love Below” album might sound familiar, but the naked acoustic guitar sound is a side of Andre listeners don’t get to see very much.
My favorite track on the album is “The Best Part” with El Madmo, Jones’s former band. The spooky, sexy groove is one of the band’s more serious songs, and it conveys a lot of emotion in the singing and guitar melody. Many of the members of El Madmo play in Norah’s band, yet when they are playing as El Madmo the sound is dark and different.
To top it off, a refreshingly distinct rendition of “Baby It’s Cold Outside” with Willie Nelson will get you feeling festive, rather than annoyed (as Christmas music has a tendency to do as the season wears on).
Acknowledging the importance of collaboration and showcasing her talent as a session musician, Norah has put together a great record for her established fans and new listeners (and what is there to lose?, the CD is only $10). Not only is “Featuring” an excellent representation of Jones’s talent, it shows a different side of both her and her featured musicians.
Track Listing
1. Love Me – The Little Willies
2. Virginia Moon – The Foo Fighters featuring Norah Jones
3. Turn Them – Sean Bones featuring Norah Jones
4. Baby It's Cold Outside – Willie Nelson featuring Norah Jones
5. Bull Rider – Norah Jones and Sasha Dobson
6. Ruler Of My Heart – Dirty Dozen Brass Band featuring Norah Jones
7. The Best Part – El Madmo
8. Take Off Your Cool – OutKast featuring Norah Jones
9. Life Is Better – Q-Tip featuring Norah Jones
10. Soon The New Day – Talib Kweli featuring Norah Jones
11. Little Lou, Prophet Jack, Ugly John – Belle & Sebastian featuring Norah Jones
12. Here We Go Again – Ray Charles featuring Norah Jones
13. Loretta – Norah Jones featuring Gillian Welch and David Rawlings
14. Dear John – Ryan Adams featuring Norah Jones
15. Creepin' In – Norah Jones featuring Dolly Parton
16. Court & Spark – Herbie Hancock featuring Norah Jones
17. More Than This – Charlie Hunter featuring Norah Jones
18. Blue Bayou – Norah Jones featuring M. Ward
Rather than releasing the standard greatest hits compilation album, Jones made the right decision to put together her favorite collaborations from the last ten years. Her radio hits don’t capture her versatility like this album can, and two heads are better than one; in each song the influence of the collaborating artists is evident. With guests from Willie Nelson to Outkast, she even managed to find a good flow for the album, which is a great straight-through listen.
Album standouts include Charlie Hunter’s “More Than This” featuring Jones, a light loungy tune with the vibes of a dreamy night on the beach, and “Virginia Moon” a surprisingly smooth and soft Grohl/Jones duet with the Foo Fighters.
While more of the songs on the album lean towards country or jazz, the contributions of Q-Tip, Talib Kweli, and Andre 3000 of Outkast bring some edge. Talib is an undeniably outstanding lyricist and lays it down proper with Norah making her appearance in the chorus. “Take Off Your Cool” off of Outkast’s “Speakerboxxx/The Love Below” album might sound familiar, but the naked acoustic guitar sound is a side of Andre listeners don’t get to see very much.
My favorite track on the album is “The Best Part” with El Madmo, Jones’s former band. The spooky, sexy groove is one of the band’s more serious songs, and it conveys a lot of emotion in the singing and guitar melody. Many of the members of El Madmo play in Norah’s band, yet when they are playing as El Madmo the sound is dark and different.
To top it off, a refreshingly distinct rendition of “Baby It’s Cold Outside” with Willie Nelson will get you feeling festive, rather than annoyed (as Christmas music has a tendency to do as the season wears on).
Acknowledging the importance of collaboration and showcasing her talent as a session musician, Norah has put together a great record for her established fans and new listeners (and what is there to lose?, the CD is only $10). Not only is “Featuring” an excellent representation of Jones’s talent, it shows a different side of both her and her featured musicians.
Track Listing
1. Love Me – The Little Willies
2. Virginia Moon – The Foo Fighters featuring Norah Jones
3. Turn Them – Sean Bones featuring Norah Jones
4. Baby It's Cold Outside – Willie Nelson featuring Norah Jones
5. Bull Rider – Norah Jones and Sasha Dobson
6. Ruler Of My Heart – Dirty Dozen Brass Band featuring Norah Jones
7. The Best Part – El Madmo
8. Take Off Your Cool – OutKast featuring Norah Jones
9. Life Is Better – Q-Tip featuring Norah Jones
10. Soon The New Day – Talib Kweli featuring Norah Jones
11. Little Lou, Prophet Jack, Ugly John – Belle & Sebastian featuring Norah Jones
12. Here We Go Again – Ray Charles featuring Norah Jones
13. Loretta – Norah Jones featuring Gillian Welch and David Rawlings
14. Dear John – Ryan Adams featuring Norah Jones
15. Creepin' In – Norah Jones featuring Dolly Parton
16. Court & Spark – Herbie Hancock featuring Norah Jones
17. More Than This – Charlie Hunter featuring Norah Jones
18. Blue Bayou – Norah Jones featuring M. Ward
Thursday, November 18, 2010
`My Resume
Meghan Bender
I am a passionate, idealistic, communicator looking for a position writing about or promoting something I can believe in.
2307 High Street
Columbus, OH 43207
(216) 570-9941
Education
Ohio University Athens, Ohio
Bachelor of Arts Cumulative GPA: 3.36
Major: Broadcast Journalism Graduation Date: November 24 2010
Specializing in Marketing and Sociology
In the Scripps School of Journalism, I worked in one of the most prestigious and respected programs in the country. I also focused on marketing and sociology because of their pertinence to every job and industry.
Work Experience
The Center for Writing Excellence September 2009-present
Tutor
• provide valuable advice on theses, applications, essays, and other assignments
• assist undergraduate, graduate, and PhD. students in improving their writing and utilizing the writing process
• communicate and work with non-native English speakers as a trusted resource and friend
My experience working at the Writing Center was one of the best jobs I have had. I was introduced to working with people of many different cultures, languages, and backgrounds which broadened my horizons as well as my compassion.
Athens MidDay News January 2009-June 2009
Producer, Anchor, & Multimedia Journalist
• wrote, shot, and edited news stories for a Mon-Thurs noon news cast, one man band style
• produced full episodes, presenting news in a cohesive and relevant product
• maintained Athens MidDay's online presence, through a website, blog, and Twitter
Athens MidDay was a full time hands-on experience. After my time at Athens MidDay I can say that I have worked every job in a newsroom and could do so in a real world setting.
Professional Experience
Shank Bone October 2009-present
• direct promotions and merchandise, including ordering, design, and management
• assisted with networking and booking
Freelance Writing 2006-present
• I have written pieces for blogs, websites, magazines, and print on a variety of topics ranging from music to college transfers to politics
• managed and edited online components including blogs, Twitter, etc.
The E.D.G.E. (Earth Day Green Event) March-April 2010
• assisted with booking and sound for special one-day event
Other Experience
• promoting Papadosio and Rootwire Music and Arts Festival
• promoting and advertising for on-campus events through various mediums
Internships
WBNS 10TV Columbus June-August 2009
Intern
• made calls, followed up on stories, did research
• assisted reporters with stories, shooting, and interviews
QFM96 Columbus December 2008
Promotions Intern June-August 2009
• put together contests, prize packs, and wrote on-air promos
• worked promotional events
• assisted promotions manager with writing and designing proposals for potential advertisers
Relevant Skills
• trained in Photoshop, Final Cut, iMovie, Microsoft Office, Publisher, AP ENPS, and Twitter
• highly experienced in using promotional and social networking tools like Foursquare, BandCamp, Reverb Nation, Facebook, & Myspace
• excellent networking skills, people person, friendly, focused & motivated
I am a passionate, idealistic, communicator looking for a position writing about or promoting something I can believe in.
2307 High Street
Columbus, OH 43207
(216) 570-9941
Education
Ohio University Athens, Ohio
Bachelor of Arts Cumulative GPA: 3.36
Major: Broadcast Journalism Graduation Date: November 24 2010
Specializing in Marketing and Sociology
In the Scripps School of Journalism, I worked in one of the most prestigious and respected programs in the country. I also focused on marketing and sociology because of their pertinence to every job and industry.
Work Experience
The Center for Writing Excellence September 2009-present
Tutor
• provide valuable advice on theses, applications, essays, and other assignments
• assist undergraduate, graduate, and PhD. students in improving their writing and utilizing the writing process
• communicate and work with non-native English speakers as a trusted resource and friend
My experience working at the Writing Center was one of the best jobs I have had. I was introduced to working with people of many different cultures, languages, and backgrounds which broadened my horizons as well as my compassion.
Athens MidDay News January 2009-June 2009
Producer, Anchor, & Multimedia Journalist
• wrote, shot, and edited news stories for a Mon-Thurs noon news cast, one man band style
• produced full episodes, presenting news in a cohesive and relevant product
• maintained Athens MidDay's online presence, through a website, blog, and Twitter
Athens MidDay was a full time hands-on experience. After my time at Athens MidDay I can say that I have worked every job in a newsroom and could do so in a real world setting.
Professional Experience
Shank Bone October 2009-present
• direct promotions and merchandise, including ordering, design, and management
• assisted with networking and booking
Freelance Writing 2006-present
• I have written pieces for blogs, websites, magazines, and print on a variety of topics ranging from music to college transfers to politics
• managed and edited online components including blogs, Twitter, etc.
The E.D.G.E. (Earth Day Green Event) March-April 2010
• assisted with booking and sound for special one-day event
Other Experience
• promoting Papadosio and Rootwire Music and Arts Festival
• promoting and advertising for on-campus events through various mediums
Internships
WBNS 10TV Columbus June-August 2009
Intern
• made calls, followed up on stories, did research
• assisted reporters with stories, shooting, and interviews
QFM96 Columbus December 2008
Promotions Intern June-August 2009
• put together contests, prize packs, and wrote on-air promos
• worked promotional events
• assisted promotions manager with writing and designing proposals for potential advertisers
Relevant Skills
• trained in Photoshop, Final Cut, iMovie, Microsoft Office, Publisher, AP ENPS, and Twitter
• highly experienced in using promotional and social networking tools like Foursquare, BandCamp, Reverb Nation, Facebook, & Myspace
• excellent networking skills, people person, friendly, focused & motivated
Wednesday, November 17, 2010
News Aggregators and the Future of News Media Money
Six million Americans get news and information fed to them through RSS aggregators
(Purcell 2010). The most basic explanation of a news aggregator is a site that gathers stories from other sites and lists them in one place. However, it obviously cannot be this simple. There are different kinds of aggregators further confusing the debate. For the purposes of this analysis, I will discuss four types of aggregators: feed aggregators, specialty aggregators, user-curated aggregators, and blog aggregators.

Feed aggregators typically draw from one type of source but a number of sources and then organize the information into feeds. These feeds can be arranged by source, topic, or story (Isbell 2010). Some common examples of feed aggregators include GoogleNews and YahooNews. Feed aggregators usually list the headline, lead, name of the originating website, and a link to the full story. In this sense, CNN’s News Pulse (beta) is another example of a feed aggregator, but one that only gets information from one source (CNN).

Specialty aggregators gather information about a specific topic or location. This could be a feed like Taegan Goddard’s Political Wire, which only gathers political information, or Outside.in, which gathers information about your specific neighborhood (if it is one of the 57,830 they cover). They include much of the same information that feeds do but are more limited in topic and scope.

A “User‐Curated Aggregator” is a website that features user‐submitted links and portions of text taken from a variety of websites (Isbell 2010). They come from a wide variety of sources and use a variety of media. An example would be Digg, where users post stories and
can then “digg” it, and the more “diggs” the page gets, the higher it moves in the feed.

Blog Aggregators are websites that use third‐party content to create a blog about a given topic (Isbell 2010). The Huffington Post is the most popular blog aggregator when it comes to news. HuffPost, as it is commonly called, it organized into topics. There are many different types of content, including HuffPost originals, AP stories and stories and blogs from outside sources.
Blog aggregators sometimes take excerpts from different stories and blogs and combine them together into one story, linking to the original posts. Sometimes they repost the original story with a new headline, and sometimes with the original headline. According to Ariana Huffington of the Huffington Post, their goal is to “guide our readers to the most interesting and timely news and opinion from places they know and from places that we introduce them to, as well as offering them original reporting, 200 original blog posts a day, citizen journalism, and our new investigative fund,” (Huffington 2009).
(Purcell 2010). The most basic explanation of a news aggregator is a site that gathers stories from other sites and lists them in one place. However, it obviously cannot be this simple. There are different kinds of aggregators further confusing the debate. For the purposes of this analysis, I will discuss four types of aggregators: feed aggregators, specialty aggregators, user-curated aggregators, and blog aggregators.
Feed aggregators typically draw from one type of source but a number of sources and then organize the information into feeds. These feeds can be arranged by source, topic, or story (Isbell 2010). Some common examples of feed aggregators include GoogleNews and YahooNews. Feed aggregators usually list the headline, lead, name of the originating website, and a link to the full story. In this sense, CNN’s News Pulse (beta) is another example of a feed aggregator, but one that only gets information from one source (CNN).
Specialty aggregators gather information about a specific topic or location. This could be a feed like Taegan Goddard’s Political Wire, which only gathers political information, or Outside.in, which gathers information about your specific neighborhood (if it is one of the 57,830 they cover). They include much of the same information that feeds do but are more limited in topic and scope.
A “User‐Curated Aggregator” is a website that features user‐submitted links and portions of text taken from a variety of websites (Isbell 2010). They come from a wide variety of sources and use a variety of media. An example would be Digg, where users post stories and
can then “digg” it, and the more “diggs” the page gets, the higher it moves in the feed.
Blog Aggregators are websites that use third‐party content to create a blog about a given topic (Isbell 2010). The Huffington Post is the most popular blog aggregator when it comes to news. HuffPost, as it is commonly called, it organized into topics. There are many different types of content, including HuffPost originals, AP stories and stories and blogs from outside sources.
Blog aggregators sometimes take excerpts from different stories and blogs and combine them together into one story, linking to the original posts. Sometimes they repost the original story with a new headline, and sometimes with the original headline. According to Ariana Huffington of the Huffington Post, their goal is to “guide our readers to the most interesting and timely news and opinion from places they know and from places that we introduce them to, as well as offering them original reporting, 200 original blog posts a day, citizen journalism, and our new investigative fund,” (Huffington 2009).
Why Aggregators are Making News Easier to Get, and Understand
One of the problems facing journalists and the public recently is information overload. 1.73 billions people use the internet every day, sending 247 billion emails and 27.43 million tweets DAILY, and visiting 234 websites (Pingdom2010). Aggregators help web users to filter through all of the information on the net, filtering it down to what they’re looking for and reducing information overload. Many users describe their aggregators as “as indispensable as their e-mail client,” (Singel 2003).
In on a study done by the REVEAL THIS project, they determined the most desirable qualities of news aggregator services, according to users.
1. Advanced search functionalities
2. User-friendly interface
3. Quality and reputation of sources
4. Capability of searching back in time
5. Browsing functionalities
6. Display of results in chronological order
7. Personalization features
8. Availability for free (Chowdhury 2006).
What are some other benefits of news aggregators? Posts can be organized by key words; if you write an article and tag it with all of the possible tags your readers may be looking for, you could get greater exposure. Google sends news outlets around 100,000 hits per minute (Kirby 2010). Many aggregators, such as Digg, have a “share button” that allows you to share the story with friends. Content sent to you is not dumped in a pile in your email box but organized by your RSS reader, and you control what comes to you so no more spam.
They are particularly convenient for people who consume a lot of information on the web. “I’m a voracious reader and I built the software because I couldn’t stand the web without it. The demand for aggregators is just going to tip over at some point and go wild,” according to Brent Simmons, creator of NetNewsWire. That interview is from 2003, and it could be said that that time has already come. Twitter is simply a micro-blog aggregator, and Twitter has 175 million registered users (including me). Despite the great benefits of aggregators and RSS feeds, there have been arguments emerging against it. But, before we go into that, it is important to have an understanding of the laws concerning news aggregation.
In on a study done by the REVEAL THIS project, they determined the most desirable qualities of news aggregator services, according to users.
1. Advanced search functionalities
2. User-friendly interface
3. Quality and reputation of sources
4. Capability of searching back in time
5. Browsing functionalities
6. Display of results in chronological order
7. Personalization features
8. Availability for free (Chowdhury 2006).
What are some other benefits of news aggregators? Posts can be organized by key words; if you write an article and tag it with all of the possible tags your readers may be looking for, you could get greater exposure. Google sends news outlets around 100,000 hits per minute (Kirby 2010). Many aggregators, such as Digg, have a “share button” that allows you to share the story with friends. Content sent to you is not dumped in a pile in your email box but organized by your RSS reader, and you control what comes to you so no more spam.
They are particularly convenient for people who consume a lot of information on the web. “I’m a voracious reader and I built the software because I couldn’t stand the web without it. The demand for aggregators is just going to tip over at some point and go wild,” according to Brent Simmons, creator of NetNewsWire. That interview is from 2003, and it could be said that that time has already come. Twitter is simply a micro-blog aggregator, and Twitter has 175 million registered users (including me). Despite the great benefits of aggregators and RSS feeds, there have been arguments emerging against it. But, before we go into that, it is important to have an understanding of the laws concerning news aggregation.
Laws Affecting Aggregators: Hot News, Fair Use and Copyright
Though the news aggregator debate is largely a legal one regarding fair use and copyright infringement, there is little legal precedent. Many related cases were settled out of court.

When Google first introduced Google News, it was to help increase popularity of its search engine. The site posted stories from the past 30 days, displaying the headline, lead, any corresponding photos, and a link to the original page. Many of these stories came off of third party websites hosting stories from wires like the AP and Agence France Presse. According to AFP the content displayed by Google was licensed content, and the only parties that were authorized to publish them were those that paid licensing fees (Isbell 2010). This meant that Google News was infringing on their copyrights and, essentially, stealing their work. AFP filed suit in federal district court in 2005. After years of litigation, in 2007 AFP and Google settled the case. Google entered into a licensing deal for the right to post AFP content.
One year later, the AP sued All Headline News for “hot news” misappropriation, copyright infringement, removal or alteration of copyright management information, trademark infringement, unfair competition, and breach of contract for “repackaging and selling” AP content to clients. The parties settled out of court. All Headline News no longer uses AP content and had to pay the AP an “unspecified amount” for unauthorized use of AP content.
More recently, Gatehouse Media accused the NY Times of stealing content for publishing the first sentences of GateHouse stories. This case was also settled out of court.
What we can learn from these cases is what the real issues are. All cases included copyright and hot news misappropriation as charges against the defendant.
Under U.S. copyright law, a work is protected if it (1) is an original work of authorship, and (2) is fixed in a tangible medium of expression that can be read directly or with the aid of a machine or device (i.e., is recorded or embodied in some manner for more than a transitory duration). With certain exceptions, the owner of a copyrighted work has the right to prohibit others from reproducing, preparing derivative works from, distributing copies of, or publicly performing or displaying the work (Isbell 2010).
However, while the articles we write and the ways we express thought can be copyrighted, ideas and facts cannot. Neither can titles nor short phrases. This is the argument of news aggregators using headlines and leads. Another argument of aggregators is fair use.
The Ninth Circuit has repeatedly found that certain reproductions of copyrighted works by a search engine are a “transformative” use (United 2010). In Perfect 10, Inc. vs. Amazon.com, the court found that “a search engine may be more transformative than a parody because a search engine provides an entirely new use of the original work, while a parody typically has the same entertainment purpose as the original work,” (Isbell 2010). This protects aggregators under fair use.
The amount of text that is reproduced can also be used in an argument for fair use.
Aggregators that only use the headline and lead could argue that they are protected under fair use, but news sources will counter that the lead constitutes the “heart” of the article, and the courts weigh against a finding of fair use if the excerpt reproduces the “heart” of the work (Isbell 2010). However, copyright law provides “greater leeway being allowed to a claim of fair use where the work is factual or informational” (Harper 1985).
Of the four conditions for fair use, there is one that news sources can use to battle the fair use claim. That is, the effect of the use on the potential market for the copyrighted work (United 2010).
In the 1918 Supreme Court opinion, International News Service v. Associated Press, 248 U.S. 215, the court found that AP had a quasi-property right in the news that it had gathered. This right existed not against the world at large, because news is based on unprotectable facts, but against competitors, (Spaulding 1998). This finding is what formed the misappropriation doctrine cited when news sources sue for “misappropriation of ‘hot news’”. This is another tool of news content generators against aggregators.
In this video, a panel discusses hot news and copyright issues affecting news aggregators. The panel includes lawyers from both sides of the Gatehouse/NY Times case, the AP's in house counsel, and experts on hot news and fair use.
According to Kimberly Isbell, author of “What’s the law around aggregating news online? A Harvard Law report on the risks and the best practices,” there are 5 measures that aggregation services should take to protect themselves short of licensing all content:
“1. Reproduce only those portions of the headline or article that are necessary to make your point or to identify the story. Do not reproduce the story in its entirety.
2. Try not to use all, or even the majority, of articles available from a single source. Limit yourself to those articles that are directly relevant to your audience.
3. Prominently identify the source of the article.
4. Whenever possible, link to the original source of the article.
5. When possible, provide context or commentary for the material you use,” (Isbell 2010).

When Google first introduced Google News, it was to help increase popularity of its search engine. The site posted stories from the past 30 days, displaying the headline, lead, any corresponding photos, and a link to the original page. Many of these stories came off of third party websites hosting stories from wires like the AP and Agence France Presse. According to AFP the content displayed by Google was licensed content, and the only parties that were authorized to publish them were those that paid licensing fees (Isbell 2010). This meant that Google News was infringing on their copyrights and, essentially, stealing their work. AFP filed suit in federal district court in 2005. After years of litigation, in 2007 AFP and Google settled the case. Google entered into a licensing deal for the right to post AFP content.
One year later, the AP sued All Headline News for “hot news” misappropriation, copyright infringement, removal or alteration of copyright management information, trademark infringement, unfair competition, and breach of contract for “repackaging and selling” AP content to clients. The parties settled out of court. All Headline News no longer uses AP content and had to pay the AP an “unspecified amount” for unauthorized use of AP content.
More recently, Gatehouse Media accused the NY Times of stealing content for publishing the first sentences of GateHouse stories. This case was also settled out of court.
What we can learn from these cases is what the real issues are. All cases included copyright and hot news misappropriation as charges against the defendant.
Under U.S. copyright law, a work is protected if it (1) is an original work of authorship, and (2) is fixed in a tangible medium of expression that can be read directly or with the aid of a machine or device (i.e., is recorded or embodied in some manner for more than a transitory duration). With certain exceptions, the owner of a copyrighted work has the right to prohibit others from reproducing, preparing derivative works from, distributing copies of, or publicly performing or displaying the work (Isbell 2010).
However, while the articles we write and the ways we express thought can be copyrighted, ideas and facts cannot. Neither can titles nor short phrases. This is the argument of news aggregators using headlines and leads. Another argument of aggregators is fair use.
The Ninth Circuit has repeatedly found that certain reproductions of copyrighted works by a search engine are a “transformative” use (United 2010). In Perfect 10, Inc. vs. Amazon.com, the court found that “a search engine may be more transformative than a parody because a search engine provides an entirely new use of the original work, while a parody typically has the same entertainment purpose as the original work,” (Isbell 2010). This protects aggregators under fair use.
The amount of text that is reproduced can also be used in an argument for fair use.
Aggregators that only use the headline and lead could argue that they are protected under fair use, but news sources will counter that the lead constitutes the “heart” of the article, and the courts weigh against a finding of fair use if the excerpt reproduces the “heart” of the work (Isbell 2010). However, copyright law provides “greater leeway being allowed to a claim of fair use where the work is factual or informational” (Harper 1985).
Of the four conditions for fair use, there is one that news sources can use to battle the fair use claim. That is, the effect of the use on the potential market for the copyrighted work (United 2010).
In the 1918 Supreme Court opinion, International News Service v. Associated Press, 248 U.S. 215, the court found that AP had a quasi-property right in the news that it had gathered. This right existed not against the world at large, because news is based on unprotectable facts, but against competitors, (Spaulding 1998). This finding is what formed the misappropriation doctrine cited when news sources sue for “misappropriation of ‘hot news’”. This is another tool of news content generators against aggregators.
In this video, a panel discusses hot news and copyright issues affecting news aggregators. The panel includes lawyers from both sides of the Gatehouse/NY Times case, the AP's in house counsel, and experts on hot news and fair use.
According to Kimberly Isbell, author of “What’s the law around aggregating news online? A Harvard Law report on the risks and the best practices,” there are 5 measures that aggregation services should take to protect themselves short of licensing all content:
“1. Reproduce only those portions of the headline or article that are necessary to make your point or to identify the story. Do not reproduce the story in its entirety.
2. Try not to use all, or even the majority, of articles available from a single source. Limit yourself to those articles that are directly relevant to your audience.
3. Prominently identify the source of the article.
4. Whenever possible, link to the original source of the article.
5. When possible, provide context or commentary for the material you use,” (Isbell 2010).
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