Quick Index
 Adult Industry News
Search AINews Database
Type Keyword or Phrase Here
Are you TOUGH ENOUGH for Joanna Angel? EXPO 2014, August 24-27, Mandalay Bay, Las Vegas
   
 

Front Page
Film News
Media News
Business News
Clubs & Appearances
Law & Politics
Internet & Mobile News
Lifestyles Arts Health Charity
Letters to the Editor
Columns
Movie Spotlight Reviews
Interviews
Pornstar Pages
AINews Staff
Ad Rates
PR 101: Press Release Service

Caliente Swinger Vacations!

Join Tera Patrick

September 29, 1999 09:06am
Freelancers Win Reproduction Rights From Publishers
Source: Reuters/Variety
by: Gail Appleson, Law Correspondent

NEW YORK (Reuters) - Publishers may have to pay freelance writers, photographers and artists an extra fee for work reproduced in electronic databases or face the daunting task of deleting the material, under a new U.S. federal appeals court ruling.

The U.S. Second Circuit Court of Appeals held that publishers must get freelancers' permission before placing their work in databases. The decision is a blow to a variety of publishers who believed that the reproductions were actually ''revisions'' that were not protected by federal copyright laws.

The timing of the ruling, which was dated Friday, is particularly tough on publishers since it comes as an increasing amount of information is being placed on the Internet.

Under the decision, publishers could be forced to pay freelance authors retroactively for reproduced work or be forced to remove the material from their databases.

Although the ruling by the appeals court is only binding in the federal circuit made up of New York, Connecticut and Vermont, it has a broad impact because many book, magazine and other types of publishers are based or have operations in New York. For example, defendants in the suit include the New York Times Co Times Mirror Co's Newsday, and Time Warner's Time Inc.

Other defendants are Mead Data Central Corp., which had owned the Lexis-Nexis data bases, and University Microfilms Inc. Defense lawyers have not yet decided whether to appeal.

RULING EXPECTED TO INFLUENCE OTHER COURTS

The ruling is also important because the Second Circuit is highly respected in the area of intellectual property and its findings are expected to influence other federal courts.

``I don't think the U.S. Supreme Court will take an appeal. I think the New York law will be the law,'' said Martin Garbus, a prominent First Amendment lawyer and author.

``It's a wonderful ruling. I think it's just and fair,'' he said.

``I think the decision is correct,'' said Thomas Smart, an intellectual property specialist at one of Manhattan's top law firms, Kaye, Scholer, Fierman, Hays & Handler.

The appeals ruling stems from a 1993 lawsuit brought by the National Writers Union and a group of freelancers who alleged that the publishers had infringed on their copyrights by reproducing work online without permission.

The defendants argued that such work constituted revised versions of originals and did not have copyright protection. A trial judge ruled for the publishers in 1997.

However, the Second Circuit disagreed.

``There is no feature peculiar to the databases at issue in this appeal that would cause us to view them as 'revisions,''' wrote Chief Judge Ralph Winter in the appeals court's opinion.

ECONOMIC IMPACT OF RULING REMAINS UNCLEAR

The extent of the economic impact on publishers is far from clear. Some publishers have contracts with freelancers specifying that no extra fees will be paid for reproduction of works in databases, while other publishers have no such protection.

For example, George Freeman, in-house counsel for the New York Times, said he did not think the ruling would have much financial effect on the paper because it has been requiring freelancers to sign such contracts over the last four or five years.

However, Jonathan Tasini, president of the National Writers Union, said his group, which represents some 5,400 freelance writers, as well as numerous other types of freelancers, is poised to hit publishers with thousands of claims.

``We're in the driver's seat now, but we are open to listening,'' he said.

In fact, Tasini sent a letter to major publishers Monday proposing a licensing system that would end the litigation.

``Ultimately, they (publishers) will negotiate with the writers and it won't mean that much economically to the publishers because writers don't have that much leverage,'' Garbus said. ``It will mean some extra money for writers but not that much.''

Smart agreed: ``If you're a writer and you want the contract, they've got the power.''

Are you TOUGH ENOUGH for Joanna Angel?

Related Stories

Related Sites - WARNING! Graphic Content

Casey Cumz 02

See BiBi Jones at Digital Playground

Top Stories

Nikki Delano at Centerfolds

Karen Summer Returns

Advertise on AINews

Cytherea Auctions Fan Scene

Evil Pin-Ups Karaoke XXX

Monique Alexander in Houston

Reader Comments on Adult Industry

Tribute to Christian Mann

This week on RNSU

TTS Welcomes Bobi & Jen

Sheila Marie on Reality TV

Testing the Waters

Cutting Edge Changes Staff

MWA: 07/23/14

MWA: 07/22/14

MWA: 07/21/14

Tweets = Cash with PornPitch

Proud Parents ~ Reviewer Rated

RNSU July 17

Next Day Test in LV

MWA: 07/13/14

Condomless Sex

The Goddess Lives

A Legend Looks Back

Nikki Phoenix Hosts Palomino

RNSU Thurs July 10

Nikki Delano at Crazy Horse

Resurgence of the Goddess

Pornstar Graduates Law School

July 3 Rock-N-SeXXXy-Uncencored

More on Belle Knox

Morgan Del Ray Karaoke XXX

MWA: 05/21/14

The Temptation of Eve ~ Reviewer Rated

Cumisha Amado on Vivid Radio

Yoga for Lovers

She's Judas & Available

Nikki Delano on Jukeboxx

Lapdance Lingerie in Neighbors

XRCO Welcomes Rich Hansen

IIM Party June 13

Hustler EDM Maniac Party

Layla Price Stars

Julia Sands Karaoke XXX

Susana Molina in Baci Lingerie

Fetish Con Dates

Porn's Greatest Star

James Deen June Promo

Exxxotica Exhibitors Lining Up

AdultVerifiedVideoChat iPad Contest

Sunny Leone Hosts Splitsvilla

Porn Star Game Night

Camming Con Moves Dates

Discount Club Owners Expo Tickets

Teal Conrad at Sapphire NYC

Exquisite Distributes DDF

Cherie Deville Returns

Alana Evans at WonderCon

Risque Starr Sisters Parties

Natasha Voya PSK

The Sexual Liberation of Anna Lee ~ Reviewer Rated

Carter Cruise at Exxxotica

Belle Knox at Exxxotica

Rock'N'SeXXXy & Hustler

Puma Swede Opens Desire

Nikki Phoenix XRCO Nom

Maddy O'Reilly is Slutwoman

Alex Chance jGrrl

Tony Batman Conquers LA

Alexa Aimes NYC Tour

2014 AVN News Rack Part 2

Roxanne Rae Available

Minka Karaoke XXX

Rio Lee Heads Cherry Pimps

Immoral Mayhem

XRCO Sponsorship Opportunities

Rotten Hosting Vivid Radio

Cherie Deville Available

Tony Batman Crazy Appearances

Inside The Industry 03/19/2014

Chanel Preston Interview

Alicia Silver Productions Content

Adrianna Luna Dance Dates

Entertainment is Entertainment is Entertainment

More
Stories From

Law & Politics

Pornstar Graduates Law School

AHF Against AB 999

CraigsErotica Letter to Senators

Amazon Crushes Small Business

Letter of Equality

ASACP Service Recognition Award

Suit Filed Challenging Measure B

ASACP Ready For Internext

Octomom Loses Civil Suit

ASACP at XBIZ 360

Crakmedia ASACP Corporate Sponsor

Mo Reese Statement

CAM4 Newest ASACP Sponsor

Mo Reese FSC Nom

Amber Lynn Seeks FSC Board

Suit Against Measure B

Law Puts Con in Condom

No on B: Here's Why

NO on B Campaign

NO on B Bus Tour

GFY: Vote No on B

Margold on Erection Election

Alex Chance in Documentary

Yahshua: No On B

No On 35 Rally

Why No On B

Measure B Threatens Freedom

Measure B Protest Video

No On B Raffle

Alia Janine: No On B

AHF Vilifies Porn

No on B Event

Alia Janine Against Measure B

Fight Measure B

Takedown Piracy Removes 10,000,000

John Stagliano Keynotes CatalystCon

Hirsch Blasts Trueman

Hirsch Cautions GOP

LATATA Files Injunction

Child Porn Hotline Increased

Vette Scores on AFF

Nicole Houde Assault Arrest

YouJizz Sued

Dickinson Defends Travolta

Kardashian/Humphries Divorce Deposition

Three Stooges Porn Controversy

Suing: Wasn't Sexy Enough

Lords of Acid Censored

Nate Glass on CNBC

Law & Politics Section Index

     
Copyright © 1998 - 2014 Adult Industry News (AINews.com)
All materials constituting text, articles, press releases, stories, columns, photographs, graphics, and code on the AINews.com domain are protected by copyright, and either owned by Adult Industry News (AINews.com), or reproduced with permission from other copyright owners. It may be downloaded and printed for personal reference, but not otherwise copied, altered in any way, or transmitted to others, without the written permission of Adult Industry News (AINews.com).