Congressional Digest

Supreme Court Debates September 2001 No. 6 Vol. 4
Opinion of the Court

Copyright Law in the Digital Age

Freelance Author's Rights and Electronic Databases

Opinion of the Court

Freelance Works Cannot Be Sold to Databases Without Author Permission

This copyright case concerns the rights of freelance authors and a presumptive privilege of their publishers. The litigation was initiated by six freelance authors and relates to articles they contributed to three print periodicals (two newspapers and one magazine). Under agreements with the periodicals’ publishers, but without the freelancers’ consent, two computer database companies placed copies of the freelancers’ articles — along with all other articles from the periodicals in which the freelancers’ work appeared — into three databases. Whether written by a freelancer or staff member, each article is presented to, and retrievable by, the user in isolation, clear…

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