James Grimmelman sez,
The Associated Press -- which thinks you owe it a license fee if you quote more than four words from one of its articles -- doesn't even care if the words actually came from its article. They'll charge you anyway, even if you're quoting from the public domain.
The AP Will Sell You a "License" to Words It Doesn't Own
I picked a random AP article and went to their "reuse options" site. Then, when they asked what I wanted to quote, I punched in Thomas Jefferson's famous argument against copyright. Their license fee: $12 for an educational 26-word quote. FROM THE PUBLIC FREAKING DOMAIN, and obviously, obviously not from the AP article. But the AP is too busy trying to squeeze the last few cents out of a dying business model to care about little things like free speech or the law.
I require no license to quote Jefferson. The AP has no right to stop me, no right to demand money from me. All their application does is count words to calculate a fee. It doesn't even check that the words come from the story being "quoted."
Every three years, the US Copyright Office creates temporary exemptions to the Digital Millennium Copyright Act's ban on breaking DRM, provided that people can show that they've been prevented from doing something customary and legitimate with their own property.
In Did Congress Really Expect Us to Whittle Our Own Personal Jailbreaking Tools? -- a new post on EFF's Deeplinks blog -- I describe the bizarre, unfair and increasingly salient US Copyright Office DMCA exemptions process, which is underway right now.
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