New York Times Co. v. Tasini
Encyclopedia
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 free-lance journalists contained in the newspapers.
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 charged copyright infringement
due to the use and reuse in electronic media of articles initially licensed to be published in print form. In a decisive 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, which has not yet been distributed.
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.
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
in the contents of a newspaper
Newspaper
A newspaper is a scheduled publication containing news of current events, informative articles, diverse features and advertising. It usually is printed on relatively inexpensive, low-grade paper such as newsprint. By 2007, there were 6580 daily newspapers in the world selling 395 million copies a...
database
Database
A database is an organized collection of data for one or more purposes, usually in digital form. The data are typically organized to model relevant aspects of reality , in a way that supports processes requiring this information...
. It held that The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
, in licensing back issues of the newspaper for inclusion in electronic databases such as LexisNexis
LexisNexis
LexisNexis Group is a company providing computer-assisted legal research services. In 2006 it had the world's largest electronic database for legal and public-records related information...
, could not license the works of free-lance journalists contained in the newspapers.
The lawsuit brought by members of the UAW's National Writers Union
National Writers Union
National Writers Union , founded on November 19, 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...
against the New York Times Company
The New York Times Company
The New York Times Company is an American media company best known as the publisher of its namesake, The New York Times. Arthur Ochs Sulzberger, Jr. has served as Chairman of the Board since 1997. It is headquartered in Midtown Manhattan, New York City....
, Newsday Inc.
Newsday
Newsday is a daily American newspaper that primarily serves Nassau and Suffolk counties and the New York City borough of Queens on Long Island, although it is sold throughout the New York metropolitan area...
, Time Inc.
Time Warner
Time Warner is one of the world's largest media companies, headquartered in the Time Warner Center in New York City. Formerly two separate companies, Warner Communications, Inc...
, University Microfilms International
University Microfilms International
University Microfilms International or UMI, was founded in the 1930s by Eugene Power in Ann Arbor. By June 1938, Power worked in two rented rooms from a downtown Ann Arbor funeral parlor, specializing in microphotography to preserve library collections...
, and LexisNexis
LexisNexis
LexisNexis Group is a company providing computer-assisted legal research services. In 2006 it had the world's largest electronic database for legal and public-records related information...
. The freelance writers charged copyright infringement
Copyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
due to the use and reuse in electronic media of articles initially licensed to be published in print form. In a decisive 7-2 ruling delivered by Justice Ginsburg
Ruth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
, the Court affirmed the copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
privileges of freelance writers whose works were originally published in periodicals and then provided by the publishers to electronic databases
Bibliographic database
A bibliographic database is a database of bibliographic records, an organized digital collection of references to published literature, including journal and newspaper articles, conference proceedings, reports, government and legal publications, patents, books, etc...
without explicit permission of, or compensation to, the writers. As a result of the decision, plaintiffs won a compensation pool of $18 million, which has not yet been distributed.
History
The case was initially heard in the district courtUnited States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
of judge Sonia Sotomayor
Sonia Sotomayor
Sonia Maria Sotomayor is an Associate Justice of the Supreme Court of the United States, serving since August 2009. Sotomayor is the Court's 111th justice, its first Hispanic justice, and its third female justice....
, who held that the publishers were within their rights according to the Copyright Act of 1976
Copyright Act of 1976
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions...
. This decision was reversed on appeal, and the Supreme Court affirmed the appellate court's reversal.