TheJournal.ie uses cookies. By continuing to browse this site you are agreeing to our use of cookies. Click here to find out more »
Dublin: 6 °C Friday 24 May, 2013

Oireachtas to question newspapers over ‘paying for linking’

Labour TD Seán Kenny is asking the National Newspapers of Ireland (NNI) to appear before an Oireachtas committee to explain its stance on linking.

Image: Touch screen device image via Shutterstock

THE NATIONAL NEWSPAPERS of Ireland is to be asked to be appear before an Oireachtas committee this month to explain its position on charging websites for linking to Irish newspaper sites.

Labour TD Seán Kenny says he is asking the NNI to appear before the Oireachtas Committee on Communications when it meets in a fortnight’s time. Solicitor Simon McGarr, who first raised the issue, is believed to have also written to the Committee requesting that it addresses the topic.

As criticism of the newspaper body mounted yesterday over its position on linking to newspaper websites, the NNI issued a statement reiterating its stance that hyperlinks are a breach of copyright unless a license is obtained to do so or if the links come from a personal website rather than a commercial one.

The Irish Times appeared to directly contradict the NNI yesterday when the newspaper said it supported the NNI’s position that copyright should be protected but also encouraged its readers “to share links as widely as possible”.

Other newspapers covered by the NNI, which represents 16 national newspapers and 26 local and regional newspapers across Ireland, have not come forward with their own views on linking and whether they support the NNI’s stance.

Seán Kenny described linking as “the very lifeblood” of the internet since the inception of the world wide web and said the NNI’s position was “absurd”.

Kenny also questioned whether links to newspapers made by individuals in comment sections or forums would be liable to be charged. He said:

On a wider level, what of websites like boards.ie – if members there post links, are those members liable for supposed copyright breaches or is the company that operates boards.ie liable? What if I, as an elected representative make a link to a newspaper website on my own website as part of my work – am I liable?

The Labour TD said the issue was one of freedom of speech and could harm Ireland’s reputation for innovation.

Much is made of Ireland as a digital smart economy, It is time for the NNI to realise that and to take on board that their assertion in this matter may well damage the economy, the digital smart economy that the Government is keen to establish.

I intend to raise this matter in the Oireachtas Committee on Communications and I will be asking the NNI to explain themselves and hopefully make them see that their interpretation of copyright law in this matter is, to say the least, completely misguided.

The issue came to prominence when Newspaper Licensing Ireland, a subsidiary of the NNI, wrote to the Women’s Aid charity requesting payment for links on its website which highlighted newspaper articles where the charity had been mentioned.

Column: Newspapers are seeking to outlaw the free exchange of ideas >

Read: NNI: No objection to newspaper content “being used for personal use” >

Read next:

Comments (32 Comments)

  • Surely copyright cannot be breached if the linked content originates in the public domain? This stinks of web censoring, notably political dissent.

    Reply
  • Will they be looking to Google and Yahoo for payment also? This happened in Germany also and the courts ruled in the newspapers favour. The search giants then removed all links to the newspapers website and then suddenly they realised that nobody was going to their websites. They ended up having to ask Google to put them back on again LOL. Bloody greedy gits!

    Reply
  • This doesn’t make any sense at all!

    The very essence of the Web is the hyperlink! It’s also just the electronic equivalent of saying “See page 33 of The Ballygobackwards Chronicle”.

    All it is is a reference to the location of material. I cannot see how that could be protected by copyright as the person linking the material is not publishing publishing the content, nor are they copying it or republishing it in anyway They’re only driving traffic to the publisher’s site, which to most people is a good thing as it means increased revenues and hits!

    Anyone who knows anything about search engines knows that sites that are linked from multiple other locations climb up the rankings. This is one of the methods that search engines use to identify a site as legitimate and popular. So, if an article is referenced in lots of other articles, on commercial websites, on blogs etc it climbs the rankings.

    Also, search engines themselves are ‘commercial sites’, so I assume the newspapers no longer wish to be linked from Google, Bing etc?

    If your site’s not linked, then it disappears into obscurity and may as well not be on the internet at all. People generally do not type in the URL of your website, they use a search engine to find a story and stumble upon it.

    If the newspapers do not wish to be linked, they should simply close their websites down entirely. Nobody’s forcing them to keep them open or make them publicly available.
    Many online newspapers, for example the Financial Times, only make partial articles available to the public without registering. This concept of a ‘pay wall’ is pretty common.

    Will they also start charging broadcasters for mentioning articles in newspapers on air?
    Or maybe people on busses who happen to say “did you see what was in the paper this morning” (that’ll be €300 please).

    The mind boggles!

    Reply
  • Does this mean that they’re also opposed to people sharing links through Facebook and twitter? They’d want to inform their website content managers and get them to remove the prompts to “like” and “share” that appear 20 times on every page!

    Such a backwards way of approaching things! Unique visitors to their sites generate revenue (or at least help when setting rates) and the more links to the website that exist on the Internet, the higher google ranks them which in turn gives them more visitors and more advertising revenue.

    They really haven’t got a clue!

    Reply
  • Nydon 05/01/13 #

    It’s a bit like Tesco trying to charge the local shopkeeper for the facility to be able to say “I don’t have it here but try Tesco up the road – just take the next left and walk 100m.”
    Madness ?- No, it’s worse than that it’s ignorance combined with madness.

    Reply
  • Not the best way for a teetering nineteenth century industry to ingratiate itself with a twenty-first century generation.

    Reply
  • tom 05/01/13 #

    NNI. Should be fined and made pay back any money they extorted from this unsavory abuse of copyright.

    Reply
  • The ‘web’ was named thus because of its hyperlinked nature. It is a web of interconnected documents.

    Anyone choosing to publish a document to the ‘web’ must accept that their document becomes part of the ‘web’ through hyperlinks. You cannot choose to publish a document on the ‘web’ and then stop the ‘web’ from working as intended.

    The ‘web’ will always be an interconnected web of documents and any suggestion that this will not always be the case, is idiotic. The publications associated and supporting the reported action show a complete lack of understanding of the medium they are attempting to abuse.

    This whole debacle is a massive waste of time and will hardly do Ireland any good in the eyes of international tech companies.

    Reply
  • I for legal advice on this issue 4 years ago. The answer from a prominent Dublin law firm was if I copied and pasted the content and failed to provide a link to the original article I was in breach of copyright. However once I provide the link to the original I’m covered.

    This is precisely how google works. You see a snippet of the page in search results and a link to the original article.

    Sharing links on the web is fundamental to its very existence. If newspapers don’t want to share content then put it behind a members only area as FT have done.

    If there was to be any charge at all the newspaper should be paying the person who posted the link, advertising their product

    Reply
  • Directing more traffic to the website and incurring a charge for it…makes sense alright

    Reply
  • Newspapers trying to play boss don on the internet. Google should make a decision to deindex newspaper sites involved in this kind of extortion.

    Reply
  • Every time I see or hear the term “smart economy” in relation to Ireland I laugh out loud.
    I’m crying on the inside though..

    Reply
  • Fact: It is impossible to copyright a url. It isn’t copyrightable content.

    Yes, a full article comes under copyright but under standard copyright law it falls under ‘fair use’ to quote a short extract from someone’s writing. Has been been for over 100 years internationally.

    Newspapers could certainly chase after subsequent articles written by others that they feel are taking too long an extract, but that is about it.

    Reply
  • I bet they get the answers they want and everything else. Stick a banker in front of them the zip, nada, nothing happens.

    Reply
    • Paul MC 05/01/13 #

      If they do a story on me and want me to pay for linking then they should pay me for the original story.

      Reply
    • Dan Fitz 06/01/13 #

      Id say some silver surfer came up with the idea. Someone that is totally clueless. Newspapers sell advertising and the only way to advertise online is to drive traffic to your site. The more traffic the more ad revenue. I cant even imagine how they would manage something like this.

      Reply
  • There will be a lot more I think on this ‘issue ‘ in the future.
    The owners of media outlets who are friends of politicians
    are being used to shut us all up so that their truth will be
    the only truth they want heard.
    Sure the internet would hardly exist without links to various
    journals.

    Reply
    • Seems more like the owners of media outlets will actually never be heard at all if they continue down this particular route!

      If you’re not linked on the internet, you are not really on the internet as nobody can ever find you!

      Reply
  • Irish Newspapers don’t have the people within them to come up with a business model to adapt to the web. So they are resorting to a counter productive solution. Bit irish really.

    Reply
  • The world is clambering to get noticed on the Internet. Many companies pay consultants thousands a week just to find ways to get people to link to their sites – that’s how valuable incoming links are. And newspapers are trying to “tax” anyone who links to them? That’s jaw-dropping stupidity.

    Reply
  • How much should I pat The Journal for sharing this on Facebook?

    Reply
  • It shows how out of touch not only the newspapers are in Ireland, but also the solicitors, and of course politicians who all seem a bit clueless in regards to this whole issue. While the rest of the industrialised world speeds past, they sit around trying to reinvent the wheel. Newspapers in America tried this, back in the 90′s, and quickly found if they remove their papers from the search engines that their online viewer numbers drop so low you can count them on one hand, and it in no way increases sales nor does it bring in any revenue. As mentioned above Germany tried the same years ago. Those who forget history are doomed to repeat it. In our case, those who are totally clueless, pay no attention to the world stage, and quite ignorant of recent history are also doomed to do the same.

    Reply
  • I don’t find myself agreeing with politicians often but Sean Kenny is spot on. “Absurd” is just the word. If this had been published on The Onion it would have made me snicker.

    It’s funny how completely out of touch the newspaper industry in Ireland really is. They think they’ve tried everything to make the web work for them, but they’re still looking at the web as an extension or add-on to their existing business. When they realise that it’s not an extension or add-on, but something much more fundamental than that, they might have a chance.

    And considering all the PR newspapers routinely receive from businesses/organisations/etc., they show scant knowledge for how PR actually works. Not only is this linking policy crazy, but it’s also damaging. Do they think I’m more or less likely to buy any Irish newspaper now? Surely I don’t gave to answer that. And I doubt I’m alone.

    Digital in media is a massive industry change, the type of which happens maybe once every 50 or 100 years. It’s adapt or die. I don’t want to live in a world without newspapers. But the newspapers themselves, through flagrant lack of vision, are the ones doing most to make that a reality.

    S.

    Reply
  • It’s a Non-Issue. There are trvial well-known technical solutions since 10 years or more, probably appearing in the early chapters of “how-to-run-a-website for dummies”. Germany ruled that ‘deep links’ are not infringing in 2003.

    These legal people should go very far away and get a large clue.

    http://simoncox.com/short-articles/preventing-deep-linking

    http://www.w3.org/2001/tag/doc/deeplinking.html

    Reply
  • Surely this would only apply to secret links. Or is more to do with the flack that they are really charging sites to raise there visibility on search engines?

    Reply
    • There’s no such thing as a ‘secret link’. Once the URL addresses something on a publicly accessible web server, it’s there.

      If they want to have hidden content, you put it behind a pay wall of some sort and do it correctly.

      You can’t solve bad web development with lawyers, you need web developers!

      Reply

Add New Comment