Revisiting Tasini

Information Today, Vol. 25, No. 1, p. 17, January 2008

3 Pages Posted: 13 Aug 2010

Date Written: January 2008

Abstract

The Supreme Court’s 2001 decision in New York Times vs. Tasinirepresented a watershed event for the database industry. The court addressed the difference between a freelance author’s individual copyright in an item that is published as part of a journal or magazine, and the journal publisher’s copyright in the publication as a whole. The court ruled that when journals are republished as part of an electronic database, and individual articles are presented in response to a specific search, the author’s individual copyright must be protected.

While the Tasini case made all of the headlines, a similar case involving individual contributions to a journal has been making a slow track through the courts. This case, which involves a freelance photographer’s contributions to National Geographic magazine, seeks to explore and exploit a possible loophole in the Tasinidecision. The implications of this new look at Tasini has resulted in a “strange bedfellows” of interest with library groups, research organizations, and publishers all seeking the same result. Success for them would mean the continued ability to republish online editions of journals without the need to make separate arrangements with individual authors.

Keywords: U.S. copyright law, lawsuits, electronic databases, Tasini, collective works, publishing agreements, separate contribution, individual copyrights, National Geographic

Suggested Citation

Pike, George H., Revisiting Tasini (January 2008). Information Today, Vol. 25, No. 1, p. 17, January 2008, Available at SSRN: https://ssrn.com/abstract=1657090

George H. Pike (Contact Author)

Northwestern University Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States
312-503-0295 (Phone)
312-503-9230 (Fax)

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