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a frivolous legal position without evidentiary support, the U.S. Court of Appeals for the Eleventh Circuit ruled in an unpublished decision reversing and remanding the district court’s dismissal (Vient v. Highlands News-Sun,September 29, 2020, per curiam).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
Case number:
Court: United States Court of Appeals, Eleventh Circuit, No. 19-14924

A full summary of this case has been published on Kluwer IP Law.


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One comment

  1. It’s interesting to see how copyright law is evolving, especially in the digital age where online archives play a significant role in preserving and disseminating content. This case highlights the importance of clarifying legal definitions and ensuring that copyright protections are upheld while also considering the nuances of modern technology and its impact on intellectual property rights. As legal professionals, staying informed about these developments is crucial for navigating the complex landscape of copyright law.

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