News aggregators, similar to search engines, repurpose their content by
indexing and categorizing the articles on the website.224 Aggregators also serve
a significant public interest by collecting stories from a large variety of
sources, organizing the content onto one web page for easy user access,
categorizing the feeds, and permitting feed searches.225 However, it can also be
argued that news aggregators do not provide an “entirely new use” for the
original content because traditional news media outlets already actively collect
and organize headlines and story excerpts to be read by the public on their own
websites.226 Although there is a question of how much aggregators transform a
headline and article excerpts, aggregators’ use of original content qualifies as
minimally transformative due to the convenience to the public, as well as
informational searching and indexing functions.227 Thus, despite commercial
profits of aggregators, the purpose and character of the aggregator’s use of
original news content is likely to support a finding of fair use.