Fuck You, Associated Press

The Associated Press have now devised a new set of rules for what it considers to be fair use. If you are a blogger quoting more than four words from one of the AP’s articles, the AP now expects you to pay a license.

This is, as anyone with a basic grasp of copyright knows, absolute bullshit. It is an arrogant tactic from a news organization that truly believes that bloggers are ignoramuses.

So that I might make a specific point about why I believe this concept to be profoundly ignorant of existing copyright law, I hereby announce that the following post is not being prepared for commercial purposes. I do not intend to profit from this post. I merely wish to educate both the public and the AP about the fair use provision of the Copyright Act (that’s 17 U.S.C. § 107 for those playing at home):

A defiant Barack Obama said Tuesday he would take no lectures from a girl whose lemonade stand was robbed of $17.50. Serenaded by a gay men’s chorus, showered with rose petals and toasted with champagne, Obama, who asked for anonymity because he was not authorized to speak publicly about the event, said he made the decision Monday and stressed it was his alone.

Despite his criticism, on May 5, while campaigning in North Carolina, McCain said he was willing to consider the same proposal.

It didn’t seem unusual to see the AP go beyond what’s legally permissible. The decision required a court’s approval because Barack Obama wants to raise your income taxes.

“If we’re banning things such as long-tailed plant-eating dinosaurs, and two carnivorous ones do not have any imminent concern that Kandahar is about to fall to the Taliban, we want to fight until the death,” said a spokesperson for the Associated Press, who, if they truly have their legal knickers in a bunch, may wish to count the precise percentage of material that is being used for this post.

Let us consider instead how these phrases tell a rather goofy story that harms nobody and that does not smear the Associated Press in the slightest. Let us consider how by linking, this blog generates interest in these particular articles. Roughly around 100 words have been used from Associated Press articles. Therefore, if I write a 1,000 word post, I should be on solid ground, with a mere 10% of this post referring to previous material. I have no real desire to say anything here in 600 words that I could just as easily say in 300 words. So to ensure that I am on legally airtight ground, I will simply type the sentence “My cocker spaniel had a hernia” fifty times. This is a phrase of my own invention. But I encourage everyone to use it. I promise you that I will not sue you if you do.

My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia. My cocker spaniel had a hernia.

Now where were we?

Let us also consider whether any of the particular phrases in the AP’s articles are particularly unique and whether they be given this sense of propriety.

The phrase “It didn’t seem unusual to see,” culled from an AP article, was used by Ted Perry on Page 175 of his book, My Reel Story. Should Ted Perry send me a cease-and-desist letter because I have used the phrase in an entirely different context? No. In fact, I did not know who Ted Perry was before looking up the phrase. If the AP wishes to send me a bill for the use of this phrase, should not Ted Perry in turn send the AP a bill for using his phrase? No.

The draconian conditions being asked for here are simply not within the reasonable scope of how human beings transmit language to each other. By this measure, should the television networks fine anybody who uses more than four words of a sitcom catchphrase? Should the advertising agencies do the same thing for their slogans? These other companies understand that conveying a reasonable portion of a storyline or a slogan is what causes the information to be transmitted.

Under these oppressive and undemocratic circumstances, it is important to point out that “fuck you” and “Associated Press” go together like a tasty peanut butter and jelly sandwich.

Edward Douglas, Hopeless Hack and Amental Film “Journalist” — Part Two

Last week, Reluctant Habits initiated a weekly series on New York hack “journalist” Edward Douglas, a creative typist employed by ComingSoon.net and an intellectual coprophiliac quite happy to scarf down the moist cloacal deposits offered by film publicists. Unfortunately, in the last seven days, Mr. Douglas’s work has not improved much. We see traces of anti-intellectualism and a failure to comprehend basic nouns, along with other unpardonable sins.

MR. DOUGLAS’S OFFENSES AGAINST JOURNALISM AND THE ENGLISH LANGUAGE — THE WEEK OF JUNE 8, 2008

Edward Douglas offers this stunningly idiotic sentence:

Director M. Night Shyamalan often gets a bad rap, not because of his movies, whether you like all, some or none of them, but because people claim him to be an arrogant egomaniac.

Not only do we get another typical instance of Mr. Douglas mangling his clauses, but we get the redundancy “arrogant egomaniac.” Is Mr. Douglas then suggesting then that Mr. Shyamalan is a humble egomaniac? Or is he simply clueless with nouns? One thing’s for sure. Mr. Douglas has no problem wrapping his well-oiled orifice in Mr. Shyamalan’s presence. While boasting about his “10-minute lightning round interview” (such insight!), Mr. Douglas writes, “You have to admit that he doesn’t make movies haphazardly though, always spending a good amount of time thinking about every aspect of the story and characters and how they might be perceived by the public at large.”

There are many filmmakers, of course, who spend a good deal of time thinking about movies. Consider the time that Michael Cimino expended to think about every detail in Heaven’s Gate, right down to the period underwear. And we all know how that film is currently regarded. But it does not logically follow that, because a filmmaker has used up time and energy, he has put out a quality film.

Mr. Douglas’s paralogia can also be witnessed in such dunce questions as “With all the paranoia in the air, can this movie still be seen as escapism?” (presumably, Mr. Douglas has a limited definition of the escapist blockbuster) and “This is a very short movie compared to your other movies, but it’s only 90 minutes and I was curious about that.” In clinging to such boilerplate, Mr. Douglas remains as graceful as a two-year-old who requires a life preserver in a wading pool.

Mr. Douglas also suggests that Scientific American “grilled” Mr. Shyamalan in asking about science. I must presume that Mr. Douglas is referring to the innocuous question, “Do you see part of this movie being a statement about science and technology being all you need in the world?” If this question did indeed come from Scientific American, it does not grill in the slightest. It is a question founded on legitimate inquiry. Perhaps by “grilled,” Mr. Douglas is referring to a vaguely intellectual area he will never inhabit. But rather than asking more specific questions about The Happening‘s relationship with science (Scientific American‘s George Musser had the decency and the smarts to ask him aboutthe great Guy Maddin. But don’t let Mr. Maddin’s importance fool you into thinking that Mr. Douglas offered anything approximating interesting inquiry. Early in the conversation, Mr. Maddin offers an intriguing answer about Michael Burns okaying a rough outline for My Winnipeg. And rather than asking Mr. Maddin about just how loose he can get with Burns and the level of rejection he receives as a maverick filmmaker, Mr. Douglas asks instead, “Did you still do any kind of research at all?” (Incidentally, Mr. Burns was recently fired, which leaves one to wonder about Maddin’s remaining allies at the Documentary Channel and the freedom he still has a filmmaker. But, of course, Mr. Douglas is too gutless a questioner to follow up.) He doesn’t even ask about the relationship between writing with wholesale invention and relying upon preexisting fact, which would seem an important component to a film dealing with urban legends in some form.

When one interviews someone like Guy Maddin, the interview practically writes itself. But there are too many times in which Mr. Douglas cannot parse the conversational trajectory in front of him. Mr. Douglas’s interview is a fine example for anyone wondering how not to conduct an interview.

The Brooklyn Book Festival: Hopelessly Manhattanized?

I don’t wish to sound ungrateful for the gratis plastic cup of wine that I enjoyed on Friday night, but the Brooklyn Book Festival launch party was more than a tad pedantic. The crowd of elitist insiders, bored organizers, and exhausted publicists — all hoping that cheese and crackers would serve as a surrogate dinner, all speedily adopting that predictable industry pretense of snubs and meaningless status, all more than a little uncomfortable with Brooklyn President Marty Markowitz’s call for a moment of silence for the late Tim Russert — gathered together in a manner that was more evocative of Manhattan rather than Brooklyn. Circular buttons of various Brooklyn neighborhoods were available with elliptical offerings of nuts on various tables. But my old neighborhood, Prospect Lefferts Gardens, wasn’t represented among this mostly Caucasian representative provincialism. I suspect that this jittery atmosphere, combined with a recent bout of deadline-induced cabin fever, caused me to be excessively ebullient. And thus I apologize to my blogging peers and friends if I affrighted or unnerved them in the process.

Nevertheless, the truth of the matter was that one could not be one’s natural literary self at this shindig. And nobody had the heart or the decency to suggest congregating elsewhere. We were obliged to stay for some reason, believing that the name Brooklyn would magically translate into streetcred.

But who were the big authors announced? Jonathan Franzen — a man who openly joked that he had only spent three nights of his life in Brooklyn, remarking that they were not happy. Joan Didion — who has almost certainly done more for Manhattan than Brooklyn. Dorothy Allison — who will certainly be more accepted in Brooklyn than in Manhattan, assuming that the Brooklyn Book Festival has not become as hopelessly Manhattanized as I fear.