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What does Tasini mean for us librarians?
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- Subject: What does Tasini mean for us librarians?
- From: Ann Okerson <email@example.com>
- Date: Sun, 24 Oct 1999 23:48:58 -0400 (EDT)
- cc: Scott Bennett <Scott.Bennett@yale.edu>
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Finally I got around to reading the Second Circuit decision of "Tasini vs. New York Times," handed down on September 24th, 1999. This decision has been the subject of much discussion on the cni-copyright list, but not yet on liblicense-l. But, shouldn't it be? In this recent ruling, an overturn of the decision of the lower court, the judges gave to writers, at least freelance writers whose material is republished in an electronic aggregation-database, a major victory. That is, the judges ruled that a publisher who wishes to grant rights to an aggregator to include works in that aggregators database, may not automatically do so. The publisher must have the author's permission. The publisher is *not* protected by the privilege against copyright infringement afforded to publishers of collective works. This very readable decision describes the process by which a periodical or newspaper is made available to NEXIS and how an article loses any sense of its original context in the subsequent aggregated database publication. My reading of the decision, hardly an authoritative reading of course, says to me that the aggregations that my library colleagues and I license (collections like Lexis-Nexis, Academic Universe, ProQuestDirect, Ebsco Academic and others) are likely to contain numerous articles whose authors have not, therefore, given permission for inclusion in such collections. This in turn suggests to me that suddenly those aggregators may have discovered that they did not have the right to further license those aggregations to customers such as my library. So, now what? Any experts out there? Ann Okerson Yale University Library Ann.Okerson@yale.edu
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