April 9, 2009 /

The AP Has Officially Lost It

This story, via Kos, has me really scratching my head: Here is another great moment in A.P. history. In its quest to become the RIAA of the newspaper industry, the A.P.’s executives and lawyers are beginning to match their counterparts in the music industry for cluelessness. A country radio station in Tennessee, WTNQ-FM, received a […]

This story, via Kos, has me really scratching my head:

Here is another great moment in A.P. history. In its quest to become the RIAA of the newspaper industry, the A.P.’s executives and lawyers are beginning to match their counterparts in the music industry for cluelessness. A country radio station in Tennessee, WTNQ-FM, received a cease-and-desist letter from an A.P. vice president of affiliate relations for posting videos from the A.P.’s official Youtube channel on its Website.

You cannot make this stuff up. Forget for a moment that WTNQ is itself an A.P. affiliate and that the A.P. shouldn’t be harassing its own members. Apparently, nobody told the A.P. executive that the august news organization even has a YouTube channel which the A.P. itself controls, and that someone at the A.P. decided that it is probably a good idea to turn on the video embedding function on

So the AP is going after people for embedding videos that the AP puts on YouTube and makes embeddable. Forget the down right silliness of this, but there’s something even more interesting. How can they dictate how YouTube’s service is even used? Here’s section 6c of YouTube’s Terms of Service:

  • For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YouTube Website and YouTube’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the YouTube Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the YouTube Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the YouTube Website. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

(emphasis added)

Right there says that what the AP is doing is actually a violation of the terms of YouTube. Perhaps Google should pull the AP’s account for violation of their rules.

It sounds like the AP really needs some house cleaning from the top down. For starters, get rid of this executive, who is quick to go after people that actually pay them for their content. If I was an AP affiliate, I would seriously be reconsidering my agreement with them.

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