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Eldred v. Ashcroft: The U.S. Supreme Court Upholds Copyright Term Extension (2003)

Tuesday, 05 August 2003 by Elliott Alderman

At the beginning of this year, the Supreme Court upheld the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act (the “CTEA” or “Act”), which extends the existing term of copyright protection for an additional 20-year period. The district court had earlier held that the 20-year extension, though longer than the term in the

Published in Copyright Duration, CTEA, Eldred, European Union Harmonization, First Amendment, Intellectual Property Law, Public Domain, Rule of the Shorter Term, Sonny Bono Copyright Term Extension Act

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Tasini: The Supreme Court’s Opinion (2001)

Monday, 05 March 2001 by Elliott Alderman

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

Collective Works Copyright Electronic Rights Employees Freelance Writers Publishing Rights Transfers SCOTUS Section 201(c)Supreme Court Tasini Work For Hire

Published in Agreement Construction, Collective Works, Copyright Law, Electronic Rights, Employees, Freelance Writers, Intellectual Property Law, Publishing, Rights Transfers, Section 201(c), Tasini, Works Made For Hire

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Tasini: the Perils of Using Independent Contractor Content (2000)

Tuesday, 05 September 2000 by Elliott Alderman

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

Collective Works Contract Drafting Copyright Databases Electronic Rights Employees Independent Contractors Publishing Rights Transfers Works For Hire

Published in Agreement Construction, Collective Works, Contract Enforceability, Contracts, Copyright Agreements, Copyright Law, Databases, Electronic Rights, Employees, Freelance Writers, Independent Contractors, Intellectual Property Law, Publishing, Rights Transfers, Works Made For Hire

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Sunday, 05 September 1999 by Elliott Alderman

On October 28, 1998 President Clinton signed into law the Digital Millennium Copyright Act, Pub.L. 105-304 [“DMCA”]. The DMCA makes clear what was understood by many: that the U.S. Copyright Act protects the words that you are reading on this Internet page in the same manner as if they were in a book or a

Published in Copyright Law, Digital Millennium Copyright Act, DMCA, Intellectual Property Law

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Tag: Copyright

Eldred v. Ashcroft: The U.S. Supreme Court Upholds Copyright Term Extension (2003)

Tasini: The Supreme Court’s Opinion (2001)

Tasini: the Perils of Using Independent Contractor Content (2000)

A Summary of the Digital Millennium Copyright Act (1999)