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Supreme Court Sends Tasini Case Back to Appeals Court

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Another round in long-running fight over publishers' unauthorized reuse of freelancers' work

-- Library Journal, 03/04/2010

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From Publishers Weekly

In an 8-0 ruling, the United States Supreme Court this week reversed a Second Circuit Court of Appeals ruling that voided a 2005 a settlement in one of the central rights disputes of the digital age: Tasini v. New York Times. The settlement will now head back to the appeals court, where it faces opposition from a group of objectors, including Irv Muchnick, for whom the latest Supreme Court case, Reed Elsevier v. Muchnick, is named.

...The settlement stems from the 1993 Tasini v. New York Times case (originally named for then-National Writers Union president Jonathan Tasini), which involved the unauthorized reuse by publishers of freelancer articles in digital databases, such as Lexis-Nexis. Publishers argued their electronic reuses in these products were simply revised editions of articles they owned, while the authors claimed they were uses not granted by contract. 

For more, including the potential implications for the Google settlement, see PW.

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