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Forwarded from the NINCH list.

Judy

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From:   INTERNET:[log in to unmask], INTERNET:[log in to unmask]
To:     Multiple recipients of list, INTERNET:[log in to unmask]

Date:   8/14/97 10:54 AM

RE:     WRITERS LOSE COPYRIGHT CASE


NINCH ANNOUNCEMENT
August 14, 1997


An extremely important and telling piece of news is contained in the
following News Release from the National Writers Union.  The NWU president,
Jonathan Tasini, lost a recent court case against several major publishers
and electronic database operators. The claim was that the publishers were
commercially re-distributing previously published writers' works on their
electronic outlets without the permission of the writers and without
compensating them.  The publishers involved are: The New York Times,
Newsday, Sports Illustrated, Lexis/Nexis and the UMI Company.

The NWU is considering both an appeal and legislative action to counter
this court decision.

David Green

=======================================================================

NEWS RELEASE
August 13, 1997

Contact: Ann Filloramo or Tisha Davis-Memminger Phone: (212) 254-0279

WRITERS CONSIDER APPEAL, LEGISLATIVE ACTION IN WAKE OF COPYRIGHT LAWSUIT
DECISION

>National Writers Union (NWU) president Jonathan Tasini today said that the
>plaintiffs in a federal copyright suit against several major publishers
>and electronic database operators were studying what appear to be strong
>grounds for appeal of the judge's decision in favor of the defendants.

>Tasini, the lead plaintiff in the widely discussed case, *Tasini et al. v.
>The New York Times et al.*, said the NWU was also studying whether
>legislative action might be more appropriate to redress the abuses of
>writers' rights in the current practices of the emerging digital
>publishing industry.

>In her decision, Judge Sonia Sotomayor of the U.S. District Court for the
>Southern District of New York ruled that *The New York Times*, *Newsday*,
>*Sports Illustrated*, Lexis/Nexis and the UMI Company had not infringed
>the rights of freelance writers under the Copyright Act. The practice in
>dispute involves the commercial redistribution of previously published
>articles without the permission of the writers and without compensating
>them.

>"The fight for a fair share continues," Tasini said. "When
>multimillion-dollar media companies make a dollar from the sweat of their
>contributors' brows, those creators deserve to share in the profits. That
>is what copyright is all about -- preserving independent, vital and
>diverse voices in American journalism and American culture."

>Tasini added that an analysis of the decision shows that the plaintiffs
>did prevail on several of their most important assertions. "We are pleased
>that Judge Sotomayor rejected the publishers' disingenuous claims that the
>writers had explicitly transferred our rights to our work," he said. "We
>did no such thing, and we continue to advise freelancers to hold on to
>their rights unless they are paid a fair amount to license them."

>In addition, the NWU president noted, "The judge seems to throw the ball
>to Congress, which she says is free to revise Section 201(c) of the
>Copyright Act, around which much of the lawsuit revolved. The community of
>freelance writers, photographers and graphic artists can now rise to that
>challenge and make their legislators pay attention to their rights as well
>as to the public's interest in new media technologies."

>In the wake of the decision and the assault on writers' rights by the
>issuing of all-rights contracts, Tasini called on President Clinton to
>establish a blue-ribbon presidential commission to study the condition of
>writers and their disappearing livelihood and all creators throughout the
>country. Tasini said: "In his State of the Union address this year, the
>president praised writers as an integral part of our society. He must now
>act decisively to insure that we survive to fulfill our societal mission."
>

>The National Writers Union, Local 1981 of United Auto Workers, represents
>4,600 freelance journalists, book authors, technical writers and others.
>On behalf of the NWU, president Tasini thanked Steve Yokich, President of
>the United Auto Workers, for its financial support of the lawsuit.

>#      #       #

>***************************************************************************
>National Writers Union     National Writers Union
>National Office West   National Office East
>337 - 17th Street, Suite 101   113 University Place, 6th Floor
>Oakland, CA 94612      New York, NY 10003
>Phone: (510) 839-0110  Phone: (212) 254-0279
>Fax: (510) 839-6097    Fax: (212) 254-0673
>email: <[log in to unmask]>   email: <[log in to unmask]>

>UAW LOCAL 1981 / AFL-CIO
>WORLD WIDE WEB: <http://www.nwu.org/nwu/>
>***************************************************************************
>