web site features: fair use? or allowed via contract with freelancers?

From: Julie Cason <julie[_at_]icopyright.com>
Date: Mon, 28 Feb 2000 07:00:21 -0800

I'm wondering if any of you have legal insights into the now-pervasive web site features of "Print This Story" (printer-friendly versions created from content-rich web pages) and "Email to a Friend".

It seems that publishers, by providing these tools, are enabling (if not actually authorizing) readers to easily make copies of online works. If the publisher owns the copyright to the works, all seems perfectly fine and within the owner's rights to allow.

However, if the works were originally created by freelance authors, there are at least 2 scenarios:

  1. the publisher's contract with the writers (photographers, artists, et al) specifies that the Web site publisher retains the right to enable emailing and printing.
  2. or the contract is silent on these Web site features/utilities.

I would very much appreciate feedback along the following lines:

  1. copyright disputes over enabling these features (esp. in light of Tasini v. New York Times)
  2. if you haven't heard of any disputes, whether you think there might be merit in some
  3. and any of this list's typically insightful, incisive analysis.

Thanks so much,

Julie Cason
<julie[_at_]icopyright.com> Received on Mon Feb 28 2000 - 15:05:38 GMT

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