Bloggers: Big Media Is Watching

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More Ways to Make Money?

But many bloggers, sites, and free speech advocates are concerned over how widespread the technology will be deployed. The software can be programmed to automatically send out "takedown notices" that require sites to remove contested content, and the data it generates could end up being used to build a case against alleged copyright infringers. Viacom, which has filed a $1 billion lawsuit accusing YouTube of violations, is said to be testing Vobile's video fingerprinting technology, and may introduce its reports as evidence if the case goes to trial.

Bloggers have particular cause for alarm. The software could act as a kind of ever-present police, having a chilling effect on writers concerned they'll be dragged into court for inadvertently excerpting too large a chunk of material. "These systems are like magnets looking for needles in haystacks," says Robert Cox, president of the Media Bloggers Assn., an advocacy group. As more media companies adopt content recognition systems, more lawsuits against bloggers are likely to ensue, Cox says. Already, the number of suits against bloggers has surged, to 500 today from 10 in 2004, he says.

Fans of content recognition systems say these fears are unfounded. They say the technology will hasten a flowering of information on the Web. Their argument is that the systems give copyright holders more ways to make money by distributing their content on the Web. Publishers will know which sites are attracting the most traffic using their articles, and can demand a cut on the associated ad revenue. "Without good content recognition, you're negotiating without the facts," says Facebook Chief Financial Officer Gideon Yu, an investor in Vobile. As former CFO for YouTube, he was involved in the failed licensing talks with Viacom that led to the lawsuit in early 2007.

Keeping Tabs on Content

"It's not just about interdiction," says Scott Teissler, chief information officer of Turner Broadcasting System, which has invested in Attributor and is testing the technology for its own use. "It's about finding out how your content is consumed. That's where the interesting opportunities are."

Just ask Sarah Chubb, president of CondéNet.com, owner of sites ranging from the Epicurious.com cooking site to fashion site Style.com to WiredDigital, the online arm of Wired magazine. A few years ago, Chubb enlisted a team of people to scour the Web for unlicensed content use. Now she has a team that does the opposite—figuring out how to get CondéNet's recipes, fashion photos, and other content onto up-and-coming blogs and social networking sites. Her team is using Attributor's system not to issue takedown notices but to spot new targets. "We used to build our sites on the idea that people would come to our home page," Chubb says. "Now, we're consciously trying to put our content in a lot of places. In most of those cases, there's a revenue opportunity for us," she says, adding that she has no interest in using the technology to launch lawsuits.

Still, most customers are still only kicking the tires on content recognition systems. The technology is not perfect; for example, most systems struggle to identify when a clip is being used as part of a book review or political parody, both legally protected uses. And as the AP flap shows, companies believed to use the systems to trammel the spread of information can face a backlash. What's clear is that it's becoming a lot easier for content owners to keep tabs on where their assets are being consumed, and how.

Burrows is a senior writer for BusinessWeek, based in Silicon Valley .