TASINI - ON APPEAL

As you will undoubtedly recall, a U.S. District Court in New York decided in August 1997 that publishers, who had published articles (and by extension, photographs) in hard copies (newspapers and magazines) with the consent of the copyright owners could also republish the copyrighted material electronically (without consent) and permit a database to do so.

The Court determined that the electronic use was a collective work under section 201 (c) of the U.S. Copyright Act, and recognized that the decision would deprive creators of important economic benefits. The Court said that it was up to Congress to provide a remedy.

The case is now on appeal. The writers and twenty photographers, graphic artists, journalists and writers organizations have filed an "Amicus" or "friend of the Court" brief in support of the appeal. They argue that this type of electronic use in a general database in not a revision of the original use permitted under the Copyright Act, but rather collections of collective works or anthologies and that consent of the copyright owner is required. They also argue that the legislative history leading up to passage of the Copyright Act fully support this interpretation. In addition they argue that the Copyright Act created a delicate balance between the interests of copyright owners and users which is radically altered by this decision.

Oral argument is expected to be scheduled in the Fall of 1998, with a decision to be reached in late Winter-early Spring 1999. As they say--stay tuned!