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COMMUNET Home

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COMMUNET  September 1996, Week 2

COMMUNET September 1996, Week 2

Subject:

Forward from ASJA: Cost of information on the web is going to be high

From:

[log in to unmask]

Date:

Sun, 08 Sep 1996 12:05:38 -0500 (EST)

Content-Type:

TEXT/PLAIN

Parts/Attachments:

Parts/Attachments

TEXT/PLAIN (124 lines)

From: IN%"[log in to unmask]" "ASJA/Alexandra Owens" 3-SEP-1996 12:14:41.23
To: IN%"[log in to unmask]"
CC:
Subj: ASJA Contracts Watch

Return-path: <[log in to unmask]>
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 by VAX.CS.HSCSYR.EDU (PMDF V4.3-12 #11626)
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 3 Sep 1996 10:00:08 -0400
Date: Tue, 03 Sep 1996 09:58:29 -0400 (EDT)
From: ASJA/Alexandra Owens <[log in to unmask]>
Subject: ASJA Contracts Watch
To: [log in to unmask]
Message-id: <[log in to unmask]>
Content-transfer-encoding: 7BIT
X-ListMember: [log in to unmask] [[log in to unmask]]


        \ \ \ \ \ \ \

ASJA CONTRACTS WATCH CW960903 Issued September 3, 1996

[The American Society of Journalists and Authors encourages
reproduction and distribution of this document for the benefit of
freelance writers. Reprint or post as many items as you wish, but
please credit ASJA for the information and don't change the content.]

                              *****

Some recent press clips:

In a six-page story headed "Cops Versus Robbers in Cyberspace," FORBES
(Sept. 9) decries Internet copyright thieves and predicts that in the
end "the good guys are going to have the upper hand in the battle over
digital property." In his editor's column, James W. Michaels argues
that the early Internet culture view that digitized information should
be free for the taking is an idea whose time has passed. "That attitude
changes," Michaels writes, "as digital content becomes more
valuable...." A bit of irony from a publisher whose freelance contracts
(for AMERICAN HERITAGE, AUDACITY, FYI and others) insist that creators
of that "valuable" content hand over the right to make continuing use
of it forever.

Forbes itself has the distinction of being the first publisher, as far
as ASJA's files know, ever to lose a lawsuit over electronic rights.
The case, about an article the writer discovered on Nexis, was fought
in a small claims court in 1986, before the publisher began to insist
on taking e-rights by contract. A writer, lawyerless but with an ASJA
official as her expert witness, beat Forbes on a contract breach,
collecting $600 for her troubles.

                              *****

A report in the LOS ANGELES TIMES (Sept. 2) by Nan Levinson, a
freelance writer, and Donna Demac, a lawyer, tells all about how "New
Media Bring New Problems to Copyright Arena." For those who may still
be wondering why publishers are interested in e-rights, the article
quotes a market researcher from Simba Information, who estimates that
online services brought in $15.7 billion last year.

                              *****

According to K.K. Campbell in EYE WEEKLY, a Toronto arts newspaper, a
consortium of writers' groups in Canada has hired a Toronto law firm
to launch a class action suit against the giant THOMSON NEWSPAPERS
chain, whose parent company also owns INFORMATION ACCESS COMPANY,
WESTLAW and other database developers, as well as GALE RESEARCH, other
specialty and textbook publishers and travel services. Concerned
Writers of Canada, Campbell says, is raising a war chest for the
lawsuit, which asks damages, court costs and a permanent injunction
against unauthorized reselling of freelance articles via digital
databases. Thomson's general counsel, Michael Doody, responded to a
preliminary letter from Michael McGowan, the writers' attorney, with a
hardline rebuff. Doody, the paper reports, "wraps himself in `brave new
world' info-tech babble, branding freelancers `Luddites' for thinking
they should get paid anything extra for being the heart and soul of the
new digital medium."

In the U.S., a multi-plaintiff, multi-defendant lawsuit supported by
the National Writers Union has been pending in federal court for nearly
three years, but no class action suit on electronic thievery has ever
been filed here.

                              *****

Two lawyers, writing in the September issue of CORPORATE LEGAL TIMES on
"Legal Issues in Establishing a Presence on the World Wide Web,"
counsel caution when reusing editorial matter. Jonathan D. Hart and
David J. Wittenstein advise: "A content provider should not assume that
it has the right to publish on the Web the material it owns or uses in
other media. There is currently litigation over the extent to which
publishers and other users can use material (such as syndicated and
freelance material) in electronic format based on traditional license
agreements and clearances. Generally, providers of copyright material,
such as wire services, are now seeking additional payment if their
material is posted to a Website...."

                              *****

Many ASJA members and others send a steady stream of contracts,
information and scuttlebutt so that these ASJA Contracts Watch
dispatches can be as informative as possible. Thanks to all.

To receive each edition automatically (and at no charge) by e-mail,
send the following e-mail message:
                To: [log in to unmask]
           Subject: CONTRACTS WATCH
     Complete Text: JOIN ASJACW-LIST
Only occasional official dispatches: no feedback, no flooded mailbox.

Inquiries and information from all are welcome.
     Contracts Committee, ASJA
     1501 Broadway, New York, NY 10036
     tel 212-997-0947
     fax 212-768-7414
     e-mail [log in to unmask]
     Web page http://www.asja.org/

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