New York Times Co. v. Tasini

Last updated
New York Times Co. v. Tasini
Seal of the United States Supreme Court.svg
Argued March 28, 2001
Decided June 25, 2001
Full case nameThe New York Times Company, Inc., et al., Petitioners
v.
Jonathan Tasini, et al.
Docket no. 00-201
Citations533 U.S. 483 ( more )
121 S. Ct. 2381; 150 L. Ed. 2d 500; 2001 U.S. LEXIS 4667
Holding
Section 201(c) does not authorize the copying at issue here. The Publishers are not sheltered by §201(c) because the Databases reproduce and distribute articles standing alone and not in context, not "as part of that particular collective work" to which the author contributed, "as part of … any revision" thereof, or "as part of … any later collective work in the same series."
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens  · Sandra Day O'Connor
Antonin Scalia  · Anthony Kennedy
David Souter  · Clarence Thomas
Ruth Bader Ginsburg  · Stephen Breyer
Case opinions
MajorityGinsburg, joined by Rehnquist, O'Connor, Scalia, Kennedy, Souter, Thomas
DissentStevens, joined by Breyer

New York Times Co. v. Tasini, 533 U.S. 483 (2001), is a leading decision by the United States Supreme Court on the issue of copyright in the contents of a newspaper database. It held that The New York Times , in licensing back issues of the newspaper for inclusion in electronic databases such as LexisNexis, could not license the works of freelance journalists contained in the newspapers.

Contents

The lawsuit brought by members of the UAW's National Writers Union against the New York Times Company, Newsday Inc., Time Inc., University Microfilms International, and LexisNexis. The freelance writers, including lead plaintiff Jonathan Tasini, charged copyright infringement due to the use and reuse in electronic media of articles initially licensed to be published in print form. In a 7–2 ruling delivered by Justice Ginsburg, the Court affirmed the copyright privileges of freelance writers whose works were originally published in periodicals and then provided by the publishers to electronic databases without explicit permission of, or compensation to, the writers. As a result of the decision, plaintiffs won a compensation pool of $18 million.

History

The case was initially heard in the district court of Judge Sonia Sotomayor, who held that the publishers were within their rights according to the Copyright Act of 1976. This decision was reversed on appeal, and the Supreme Court affirmed the appellate court's reversal. [1]

Aftermath

The decision involved works generated by 27,000 authors, but it did not allocate any bargaining power to them. The New York Times Company responded to the decision by drafting an ultimatum for the authors. The authors could contact the Times and request that it continue to distribute their works online, but only on the conditions that the authors ask for no additional payment and that they release the Tasini decision's legal claim on the Times and the database licensees. Future freelance contracts with the New York Times included similar terms that allowed the Times to exploit the works in whatever ways the future may reveal. [2]

See also

Related Research Articles

Eldred v. Ashcroft, 537 U.S. 186 (2003), was a decision by the Supreme Court of the United States upholding the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act (CTEA). The practical result of this was to prevent a number of works from entering the public domain in 1998 and following years, as would have occurred under the Copyright Act of 1976. Materials which the plaintiffs had worked with and were ready to republish were now unavailable due to copyright restrictions.

LexisNexis is a part of the RELX corporation that sells data analytics products and various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper search, and consumer information. During the 1970s, LexisNexis began to make legal and journalistic documents more accessible electronically. As of 2006, the company had the world's largest electronic database for legal and public-records–related information.

White-Smith Music Publishing Company v. Apollo Company, 209 U.S. 1 (1908), was a decision by the Supreme Court of the United States which ruled that manufacturers of music rolls for player pianos did not have to pay royalties to the composers. The ruling was based on a holding that the piano rolls were not copies of the plaintiffs' copyrighted sheet music, but were instead parts of the machine that reproduced the music.

<span class="mw-page-title-main">Jonathan Tasini</span> American journalist

Jonathan Bernard Yoav Tasini is an American political strategist, organizer, activist, commentator and writer, primarily focusing his energies on the topics of work, labor and the economy. On June 11, 2009, he announced that he would challenge New York U.S. Senator Kirsten Gillibrand in the Democratic primary for the 2010 U.S. Senate special election in New York. However, Tasini later decided to run instead for a seat in the House of Representatives in 2010.

Golan v. Holder, 565 U.S. 302 (2012), was a Supreme Court case that dealt with copyright and the public domain. It held that the "limited time" language of the United States Constitution's Copyright Clause does not preclude the extension of copyright protections to works previously in the public domain.

<span class="mw-page-title-main">Authors Guild</span> American professional organization

The Authors Guild is America's oldest and largest professional organization for writers and provides advocacy on issues of free expression and copyright protection. Since its founding in 1912 as the Authors League of America, it has counted among its board members notable authors of fiction, nonfiction, and poetry, including numerous winners of the Nobel and Pulitzer Prizes and National Book Awards. It has over 9,000 members, who receive free legal advice and guidance on contracts with publishers as well as insurance services and assistance with subsidiary licensing and royalties.

<i>Robertson v Thomson Corp</i> Supreme Court of Canada case

Robertson v Thomson Corp, [2006] 2 S.C.R. 363 , 2006 SCC 43 is a 2006 Supreme Court of Canada decision on the ownership of copyright in published text that are stored in databases. The ruling held that though a newspaper held the copyright in the collection and the arrangement of freelance articles and in its newspaper, it could not publish the articles within a database. Publication within the database would remove the articles from the context of the collective work and therefore their publication as such was not within the rights held by the newspaper.

<span class="mw-page-title-main">National Writers Union</span> United States trade union

National Writers Union (NWU), founded on 19 November 1981, is the trade union in the United States for freelance and contract writers: journalists, book and short fiction authors, business and technical writers, web content providers and poets. Organized into 17 local chapters nationwide, it had been Local 1981 of the United Automobile Workers, AFL–CIO since merging with them in 1992. On 11 May 2020, the NWU disaffiliated with the UAW.

Paperback Software International Ltd. was a software company founded in 1983 by Adam Osborne to manufacture discount software such as word processor Paperback Writer and related spell checker Paperback Speller, spreadsheet VP-Planner, database VP-Info and information management VP-Expert software. The company was headquartered in Berkeley, California.

Greenberg v. National Geographic was a copyright lawsuit regarding image use and republication rights of National Geographic Society to their magazine in electronic form.

<i>Bridgeman Art Library v. Corel Corp.</i> U.S. legal case on copyright originality

Bridgeman Art Library v. Corel Corp., 36 F. Supp. 2d 191, was a decision by the United States District Court for the Southern District of New York, which ruled that exact photographic copies of public domain images could not be protected by copyright in the United States because the copies lack originality. Even though accurate reproductions might require a great deal of skill, experience and effort, the key element to determine whether a work is copyrightable under US law is originality.

Ziglar v. Abbasi, 582 U.S. ___ (2017), is a Supreme Court of the United States case in which the Court determined, by a vote of 4-2, that non-U.S. citizens detained in the aftermath of the September 11 attacks cannot recover monetary damages from high level federal officials for the conditions of their confinement. The case was consolidated with Hastey v. Abbasi, and Ashcroft v. Abbasi. It was argued on January 18, 2017.

<i>NXIVM Corp. v. Ross Institute</i> 2004 US Federal Court of Appeals decision

NXIVM Corp. v. The Ross Institute, 364 F.3d 471, was a United States Court of Appeals for the Second Circuit decision that held that the defendant's critical analysis of material obtained in bad faith, i.e., in violation of a non-disclosure agreement, was fair use since the secondary use was transformative as criticism and was not a potential replacement for the original on the market, regardless of how the material was obtained.

Authorship and ownership in copyright law in Canada is an important and complex topic which lies at the nexus between Canada's Copyright Act, an important body of case law, and a number of compelling policy motives. Analysis of authorship and ownership of copyrightable works in Canada can proceed by examination of the rules determining the initial allocation of copyrights, rules governing subsequent changes in ownership, and finally rules governing complex works such as compilations.

Reed Elsevier, Inc. v. Muchnick, 559 U.S. 154 (2010), was a decision by the Supreme Court of the United States involving copyright law. The Court held that failure to register a copyright under Section 411 (a) of the United States Copyright Act does not limit a Federal Court's jurisdiction over claims of infringement regarding unregistered works.

Banner Witcoff, Ltd. is an American law firm that specializes in the practice of intellectual property law, including patent, trademark, copyright, trade secret, computer franchise and unfair competition law. The firm engages in the procurement, enforcement and litigation of intellectual property rights throughout the world, including all federal and state agencies, and the distribution of such rights through leasing and franchising. The firm has approximately 125 attorneys and agents in its Chicago, IL; Washington, DC; Boston, MA; and Portland, OR offices.

<i>Authors Guild, Inc. v. HathiTrust</i> American legal case

Authors Guild v. HathiTrust, 755 F.3d 87, is a United States copyright decision finding search and accessibility uses of digitized books to be fair use.

<span class="mw-page-title-main">Collective work (US)</span>

A collective work in the copyright law of the United States is a work that contains the works of several authors assembled and published into a collective whole. The owner of the work has the property rights in the collective work, but the authors of the individual works may retain rights in their contributions. Electronic reproduction of the whole work is allowed, but electronic reproduction of the individual works on their own, outside the context of the work as a whole, may constitute an infringement of copyright.

Georgia v. Public.Resource.Org, Inc., No. 18-1150, 590 U.S. ___ (2020), is a United States Supreme Court case regarding "whether the government edicts doctrine extends to—and thus renders uncopyrightable—works that lack the force of law, such as the annotations in the Official Code of Georgia Annotated" (OCGA). On April 27, 2020, the Court ruled 5–4 that the OCGA cannot be copyrighted because the OCGA's annotations were "authored by an arm of the legislature in the course of its legislative duties"; thus the Court found that the annotations fall under the government edicts doctrine and are ineligible for copyright.

<i>Ahanchian v. Xenon Pictures, Inc.</i>

Ahanchian v. Xenon Pictures, Inc., 429 F.2d 1106, was a United States Court of Appeals for the Ninth Circuit case involving the disputed authorship of a number of skits which appeared in the movie National Lampoon's TV: The Movie, released in November 2006 in the United States, which starred Steve-O, Preston Lacy, Jason "Wee Man" Acuña, Chris Pontius, Clifton Collins Jr., Danny Trejo, Jacob Vargas, Judd Nelson, Jason Mewes, Tony Cox, and Eugenio Derbez. The movie was directed by Sam Maccarone, and written by Cyrus Ahanchian, Steve-O, Preston Lacey, and Sam Macarone. In 2010, by reversing the original decision, the Ninth Circuit Court of Appeals used filmmaker Ahanchian's legal victory to enjoin lawyers everywhere in the United States with the right to take vacation time before a trial ends as a professional civility. Afterwards, in December 2010, LexisNexis ranked Ahanchian's copyright legal win as both the #2 and the #3 Copyright Cases of 2010. As of June 29th, 2022, Ahanchian V Xenon has been cited in over 537 federal cases in the USA or an average of four times per month.

References

  1. Sotomayor's resume, record on notable cases, CNN.com, 26 May 2009. Accessed 26 May 2009.
  2. Litman, Jessica (May 22, 2018). "What We Don't See When We See Copyright as Property". SSRN   3183265 via papers.ssrn.com.

Further reading