In a significant free speech decision, the U.S. Supreme Court earlier this year affirmed the holding of the U.S. Court of Appeals for the Ninth Circuit that two key provisions of The Child Pornography Prevention Act of 1996 (CPPA) are overbroad and, therefore, violate the First Amendment. The first provision would have criminalized “any visual
Fundamentally, the sale of goods differs from the license of information: when a good is sold, title passes and the buyer owns the item exclusively. Not so with content – the transactional framework is typically non-exclusive, the licensor retains a number of rights, and there are limitations to the uses a licensee can make of
The Supreme Court last week affirmed the decision of the Second Circuit that, absent a written transfer of electronic rights from freelance writers, print publishers and aggregators (named parties included Lexis-Nexis [LN] and University Microfilm International [UMI]) are liable for copyright infringement for reproducing and distributing articles out of the context of the original collective
A recent decision of the Second Circuit underscores just how important careful contract drafting is when dealing with rights transfers in non-employee contexts. In Tasini v. New York Times, the appeals court held that publishers and owners of electronic databases do not, without a specific transfer of rights, have the authority to reuse electronically individual articles