IANAL or an expert (and hopefully we'll hear from one on this) but my understanding is that LexisNexis, West Group and others can do this without worrying about copyright infringement because these briefs are in the Public Domain (government documents). Then the reason we can't just redistribute these electronic copies ourselves (like print it out and then scan the printout and put it on our electronic reserves for example) is because of their license agreements not because of copyright (since they don't own the copyright).
I suppose it is similar to a newspaper printing court documents (like the Clinton trial) and then making you buy the paper. Or like a book publisher printing a new version of a Public Domain work and then making you buy the book. If you want access to the public domain materials that they put together you have to pay for access.
The only difference I see between them and a library is that they make you pay for access and the library doesn't.
Happily awaiting some expert clarification, Angela
-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org]On Behalf Of Nick Zales
Sent: Friday, June 23, 2006 5:35 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property
Subject: [CNI-(C)] Briefs for Sale
If this question is in some archive, I hope somebody would point me to the answer. I would like to know how West Group, and Lexis if they are doing it, is able to simply copy entire briefs filed in court and then sell access to them over the Internet? Fair use? Public Domain? These briefs seem to me to be no different than books in a public library. This is profiting off of others work and amounts to stealing in my way of thinking. Any ideas on this or is West simply so big it can get anyway with anything?
Nick Zales
Milwaukee, WI
Received on Tue Jun 27 2006 - 00:45:46 GMT
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