Jonathan TASINI; Mary Kay Blakely; Barbara Garson; Margot Mifflin; Sonia Jaffe Robbins and David S. Whitford, Plaintiffs-Appellants,
Barbara Belejack; Daniel Lazare; Joan Oleck and Lindsy Van Gelder, Plaintiffs,
v.
The NEW YORK TIMES COMPANY, INC.; Newsday, Inc.; The Time Incorporated Magazine Company; Mead Data Central Corp. and University Microfilms International, Defendants-Appellees.
The Atlantic Monthly Company, Defendant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued April 26, 1999.
Decided September 24, 1999.
Amended February 25, 2000.
Attorney(s) appearing for the Case
Emily M. Bass, Gaynor & Bass, New York, New York (Linda A. Backiel, Michael J. Gaynor, Nicole M. Zeiss, Joanna Kyd, Gaynor & Bass, on the brief; Alice Haemmerli, Columbia University School of Law, New York, New York, of counsel), for Plaintiffs-Appellants Barbara Garson and Sonia Jaffe Robbins.
Patricia A. Felch, Banner & Witcoff, Ltd., Chicago, Illinois (Anthony L. Abboud, Joshua L. Smith, Wildman, Harold, Allen & Dixon, of counsel; Jordan Rossen, Detroit, Michigan, of counsel), for Plaintiffs-Appellants Jonathan Tasini, Mary Kay Blakely, Margot Mifflin and David S. Whitford.
Bruce P. Keller, Debevoise & Plimpton, New York, New York, (Lorin L. Reisner, Peter Johnson, of counsel), for Defendants-Appellees.
Stanley Rothenberg, Moses & Singer, New York, New York (David Rabinowitz, Eric P. Bergner, Elizabeth A. Corrandino, Moses & Singer, on the brief; Jerry S. Birenz, Sabin, Bermant & Gould, New York, New York, of counsel), for Amici Curiae in Support of Defendants-Appellees.
Victor S. Perlman, Princeton Junction, New Jersey, for Amici Curiae American Society of Media Photographers, Inc. et al.
Before: WINTER, Chief Judge, MINER, and POOLER, Circuit Judges.
United States Court of Appeals, Second Circuit.
WINTER, Chief Judge:
Six freelance writers appeal from a grant of summary judgment dismissing their complaint. The complaint alleged that appellees had infringed appellants' various copyrights by putting individual articles previously published in periodicals on electronic databases available to the public. On cross motions for summary judgment, the United States District Court for the Southern District of New York held that appellees' use of the articles was protected...
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