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00-201 New York Times Co. Inc. v. Tasini

By: dmc-admin//July 2, 2001//

00-201 New York Times Co. Inc. v. Tasini

By: dmc-admin//July 2, 2001//

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“In determining whether the Articles have been reproduced and distributed ‘as part of’ a ‘revision’ of the collective works in issue, we focus on the Articles as presented to, and perceptible by, the user of the Databases… In this case, the three Databases present articles to users clear of the context provided either by the original periodical editions or by any revision of those editions. The Databases first prompt users to search the universe of their contents: thousands or millions of files containing individual articles from thousands of collective works (i.e., editions), either in one series (the Times, in NYTO) or in scores of series (the sundry titles in NEXIS and GPO). When the user conducts a search, each article appears as a separate item within the search result. In NEXIS and NYTO, an article appears to a user without the graphics, formatting, or other articles with which the article was initially published. In GPO, the article appears with the other materials published on the same page or pages, but without any material published on other pages of the original periodical. In either circumstance, we cannot see how the Database perceptibly reproduces and distributes the article ‘as part of’ either the original edition or a ‘revision’ of that edition.”

Affirmed.

Local Effect:

The Seventh Circuit has not previously considered the issue.

Ginsburg, J.; Stevens, J., dissenting.

Certiorari to the United States Court of Appeals for the Second Circuit, 206 F.3d 161.

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