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''Associated Press v. Meltwater U.S. Holdings, Inc.'' (S.D.N.Y. Mar. 21, 2013) was a district court case which the Associated Press (AP) brought suit against Meltwater Group in U.S. (Meltwater) for clipping and sharing news items under copyright infringement and "hot news" misappropriation under New York common law. In a cross-motion for summary judgement, Meltwater argued they were not infringing under the requirements of fair use. Meltwater claimed that their service was transformative and therefore non-infringing on copyright. The court held that Meltwater's copying was not protected under the fair use doctrine and it was infringing on AP's copyright.〔(【引用サイトリンク】url=https://www.eff.org/sites/default/files/ap_v._meltwater_sdny_copy.pdf )〕 A parallel case filed on the same grounds in the UK, however, was decided the other way in 2013 (in favor of Meltwater and against the equivalent newspaper licensing business) by the UK Supreme Court, subject to questions referred to the European Court of Justice and intended to clarify matters of a cross-border nature. ==Background== The Associated Press (AP) was founded in 1846 as a not-for-profit news organization that published original content and photographs. The company received its funds from various subscribing newspaper and broadcasting companies. Licensing fees accounted for hundreds of millions of dollars in annual revenue for the Associated Press, and each contract was crafted to grant specific permissions of redistribution, clipping, etc. to each license holder. Each article was carefully sourced, researched, and edited. In addition, each article contained a lede, a concise concentration of key information, which "takes significant journalistic skill to craft."〔 The Associated Press obtained a registered copyright on some of their articles, thirty-three of which were identified to be relevant to this case (Registered Articles). In addition to licensing, AP offered numerous products including "AP Exchange," which allowed licensees to access content by searching for keywords and other metadata.〔(【引用サイトリンク】url=http://www.ap.org )〕 Meltwater was a "software as a service" or SaaS company, that in 2005 began offering news monitoring services to subscribers.〔 Meltwater electronically clipped articles and their contents verbatim using crawlers for its customers and distributes them widely. The service eventually began to include stories written by AP. Meltwater's "Global Media Monitoring" product allowed its customers to search news articles by keyword. When a customer searched for information based on a string of keywords in the database, Meltwater reported back a list of articles from all over the web organized according to that query. Beneath the search result was a set of information including the headline of the article and URL, the information about the source and origin, and excerpts from that article. Subscribers to Meltwater were able to subscribe to a newsletter for their queries, searched ad hoc and archived the material if desired, etc.〔 AP and Meltwater competed for the news clipping service market for their clients through AP Exchange and Global Media Monitoring. It was not contested that through the Global Media Monitoring service, Meltwater copied content from each of the thirty-three articles registered under copyright by AP.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Associated Press v. Meltwater U.S. Holdings, Inc.」の詳細全文を読む スポンサード リンク
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