AP to Bloggers - Fair Use?

Saul Hansell, The Associated Press to Set Guidelines for Using Its Articles in Blogs, 6/16/08 New York Times - Business/Media:

The Associated Press, one of the nation’s largest news organizations, said that it will, for the first time, attempt to define clear standards as to how much of its articles and broadcasts bloggers and Web sites can excerpt without infringing on The A.P.’s copyright.


...which raises the question: can The AP define what infringes its copyright? Standards may provide guidelines to bloggers, but isn't it the Copyright Act (and the federal courts' interpretation thereof) that defines the standards as to what and what is not "fair use"?

More info here from the Electronic Frontier Foundation.