Title

Fine-Tuning Tasini: Privileges of Electronic Distribution and Reproduction

Document Type

Article

Publication Date

2000

ISSN

0007-2362

Publisher

Brooklyn Law School

Language

en-US

Abstract

The United States Court of Appeals for the Second Circuit is arguably the soundest copyright court in the nation. In Tasini v. New York Times, it handled a challenge brought by a group of freelance writers against publishers and database proprietors. The controversy, now pending in the United States Supreme Court, has wide importance because it will determine what entitlements attach to a publisher who purchases a privilege to include a freelancer's story in the publisher's magazine or newspaper. Essentially, the issue is whether a publisher, who has not purchased the story's copyright and has not obtained an explicit agreement regarding electronic rights, may nevertheless exploit the story electronically.

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