Aggravated with Aggregators: Can International Copyright Law Help Save the News Room?

40 Pages Posted: 16 May 2012 Last revised: 27 Apr 2013

Date Written: May 16, 2012

Abstract

News aggregators, which collect information from various news sources and display it in a single place, have seen a dramatic increase among Internet users. Traditional news organizations, however, view the rise of news aggregators as a threat to an already struggling industry.

Many traditional media sources have taken their frustrations to court by filing copyright infringement suits against news aggregators. While American courts have yet to consider the legality of news aggregators and aggregators' possible infringement on a publisher's copyright, courts in the United Kingdom and Australia have made rulings. By looking at copyright decisions around the globe, this article will show the mistakes and technological progression each country has made in its decisions.

This article will argue that the merger doctrine and the fair use defense will protect newspaper headlines and excerpts from infringing upon the original content. Furthermore, the onus to limit aggregators' access should be placed on the website owner through simple website tags and technological barriers, rather than judicial enforcement.

Keywords: news aggregator, copyright, internet law, international law, copyright law, journalism

Suggested Citation

Weaver, Alexander, Aggravated with Aggregators: Can International Copyright Law Help Save the News Room? (May 16, 2012). Emory International Law Review, Vol. 26, No. 2, 2013; Emory Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=2061015

Alexander Weaver (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States

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