[20010713]RS20964_《纽约时报》诉塔西尼案：美国最高法院确认版权中的“作者”权利.pdf

1 2001 U.S. LEXIS 4667.Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS20964July 13, 2001New York Times Co. v. Tasini: The U.S. Supreme Court Affirms “Authorial” Rights in CopyrightRobin JewelerLegislative AttorneyAmerican Law DivisionSummaryThis report examines the U.S. Supreme Courts opinion in New York Times Co. v.Tasini. This case considers whether, under the U.S. Copyright Act, 17 U.S.C. 201(c),publishers are “privileged” to include the copyrighted articles of freelance authors in anelectronic database. The authors contended that the copyright interest they conveyed tothe publishers for original publication of their articles did not permit their subsequentreproduction and distribution in electronic databases. The Print and ElectronicPublishers argued that the databases were a permissible “revision” of the originalperiodicals. Interpreting the Copyright Act to emphasize the primacy of authorial rights,the Court found for the freelance authors. The Courts analysis is discussed below.On June 25, 2001, in New York Times v. Tasini Co.,1 the U.S. Supreme Court heldthat newspapers and magazines that publish article