avocets
Avocets
rss 2.0 subscribe to this page
search


view all
•  projects
•  owners
•  tags

            New York Times Co. v. Tasini is a case with similar information and applications to the topic of my thesis.  This case was taken to the Supreme Court, therefore, the decision and reasoning is very strongly applicable to any case.  In this case, six freelance authors (Tasini) had articles published in three publications, including the New York Times.  Two computer database companies took their articles, along with all the other articles in these publications and added them to their databases.  They had permission from the New York Times and other publications to do this, but not from the freelancers.  Within these databases, the articles are all retrievable by a user in isolation of its context in the original print publication. Like Google, users of these databases can search for several key terms or names (including author and where it was published) to find what they are looking for.

            The Supreme Court ruled in favor of the New York Times and the database companies.  As stated in Perfect 10 v. Google, "The Supreme Court has indicated that in the electronic context, copies may be distributed electronically."  Google's search engine uses HTML instructions that tell a user's browser where to find the full-size images, but Google does not actually distribute the copies.  It is the publisher of the website that actually allows users to transmit the images to their computers.  Then, like in Tasini, the user can download or print the image.

            New York Times Co. v. Tasini is both similar and very different from Perfect 10 v. Google.  It is similar in that they both involve distributing copyrighted works electronically.  The databases from the Tasini case were allowed to distribute copies of work electronically without direct permission from the authors.  Therefore, shouldn't Google be able to do the same thing with images?  The difference makes this question even more obvious.  Google, unlike the databases, is not even distributing the copyrighted works.  They are merely creating links to make the works more easily accessible.  This case supports my thesis by showing a related case with a decision that is similar to that which I am arguing for.