Tasini: The Supreme Court’s Opinion (2001)
Monday, 05 March 2001
The Supreme Court last week affirmed the decision of the Second Circuit that, absent a written transfer of electronic rights from freelance writers, print publishers and aggregators (named parties included Lexis-Nexis [LN] and University Microfilm International [UMI]) are liable for copyright infringement for reproducing and distributing articles out of the context of the original collective
- Published in Agreement Construction, Collective Works, Copyright Law, Electronic Rights, Employees, Freelance Writers, Intellectual Property Law, Publishing, Rights Transfers, Section 201(c), Tasini, Works Made For Hire
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Tasini: the Perils of Using Independent Contractor Content (2000)
Tuesday, 05 September 2000
A recent decision of the Second Circuit underscores just how important careful contract drafting is when dealing with rights transfers in non-employee contexts. In Tasini v. New York Times, the appeals court held that publishers and owners of electronic databases do not, without a specific transfer of rights, have the authority to reuse electronically individual articles
A Summary of the Digital Millennium Copyright Act (1999)
Sunday, 05 September 1999
On October 28, 1998 President Clinton signed into law the Digital Millennium Copyright Act, Pub.L. 105-304 [“DMCA”]. The DMCA makes clear what was understood by many: that the U.S. Copyright Act protects the words that you are reading on this Internet page in the same manner as if they were in a book or a
- Published in Copyright Law, Digital Millennium Copyright Act, DMCA, Intellectual Property Law
Clearing Rights To Musical Works Under The Copyright Term Extension Act (1999)
Saturday, 05 June 1999
The recently signed Sonny Bono Copyright Term Extension Act is significant for both copyright owners and users of protected works who are trying to clear rights, because it extends the present U.S. copyright term of life plus 50 years to one of life plus 70. When read in conjunction with the Uruguay Round Agreements Act,