The reproduction of an author’s articles in a newspaper’s online archive was not protected from copyright infringement claims by Section 108(a) of the Copyright Act because this archive was not a “library” or “archive” within the meaning of this section.
The author of two articles whose copyright infringement claims against a newspaper over the electronic reproduction of his articles in an online archive had been dismissed with prejudice pursuant to Rule 11 had not taken a frivolous legal position without evidentiary support, the U.S. Court of Appeals for the Eleventh Circuit ruled in an unpublished decision reversing and remanding the district court’s dismissal (Vient v. Highlands News-Sun,September 29, 2020, per curiam).
Case date: 29 September 2020
Court: United States Court of Appeals, Eleventh Circuit, No. 19-14924
A full summary of this case has been published on Kluwer IP Law.