Managing Intellectual Property

Digital copyright case heads to US Supreme Court

06 March 2009

Eileen McDermott, New York

The US Supreme Court will hear a copyright case brought by freelance writers against several major publishers and online media services on the electronic reproduction of freelance works

The appeal stems from New York Times Co v Tasini, in which the Supreme Court found that the inclusion without permission of previously published articles in an electronic database was copyright infringement.

Following four years of class action suits, a settlement worth $18 million was agreed in 2005 between authors and companies including Reed Elsevier (the owner of LexisNexis), New York Times Co, Thomson Reuters, Dow Jones & Co and Knight Ridder. The case turned on whether freelancers were entitled to compensation for use of their works online.

The settlement was appealed by a number of authors who thought it was...



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