CONTRACT LAW

Contract Law

Contract Law

Answer 1

Although almost everyone saw it (including libraries) and considered very positive, because it allow much wider access to valuable information resources, a group of six journalists felt that their independent work is used without permission proper and adequate compensation. With the support of professional associations such as the Authors' Guild (Authors Guild) the group took its complaint to courts in a case called Tasini et al vs. The New York Times Company et al, or more commonly, Tasini vs. New York Times (plus Later, as the case was walking by the courts, name changed to New York Times vs. Tasini).

8 years of legal proceedings have highlighted problems due to the confrontation the two types of copyright in framework defined by the Copyright Law 1976 of the United States. This law, recognizing the threat the integrity of work group if the individual authors withdraw their authorizations, guaranteed publishers the right to reproduce and distribute articles prepared by independent authors any revision (presentation than one text) of a collective effort to which the author had originally given permission, in any medium existing both at the time as developed later. Using this as justification for their actions, the newspapers involved Tasini argued in the case this allowed them to include contributions of journalists independent when the newspaper migrated from paper to CD-rom, telnet and the web, without having renegotiated their original contracts with each author. In addition to providing protection to publishers of collective works the 1976 Act also provided protection to it guaranteed liberal authors Any rights not transferred to specifically to an editor was retained by the author. Must clarify here that in the U.S. no concept of moral rights known: unlike Europe, American authors may choose, eg., renounce their personal rights and transfer all their copyright to a publisher.

An initial ruling was favorable publishers and, as a result, the plaintiffs took the case to a higher court. Here issue discussed was what constitutes a "review "? Publishers equating the migration from role in the traditional web accepted transfer from the paper to microfilm, arguing review the concept should be independent of the environment on which it was produced, either paper, film or magnetic disk, remained as the intellectual content the same.

However, the high court considered that the electronic version was not the same as microfilm, for copies based on photographic procedures were identical to the original, not change or the content and presentation physically, but on the contrary, when the content of a newspaper transferred to a database to access it electronically lose the physical presentation the original and therefore this process can not be classified as a review.

The main concern libraries is motivated for maintaining the integrity Information and accessibility. On the one hand, if the editors continue their threats to remove items of electronic databases, Last registration be altered and some information access would be much more difficult. Bases contracted data libraries have begun to lose records. On the other hand, Ironically, librarians often wield ...