Tuesday, April 05, 2005

Post-Tasini Class Action Case Settling for Up to $18 Million

Post-Tasini Class Action Case Settling for Up to $18 MillionApril 4, 2005 — Four years after the 2001 ruling in their favor by the Supreme Court in the Tasini case (New York Times Co., Inc., et al. v. Tasini et al.), freelance writers finally have some cash in sight. The finding by the Supreme Court established that publishers and the information industry had to get approval from authors to electronically publish reports. (For coverage of the 2001 victory, read Carol Ebbinghouse’s NewsBreak “Tasini Case Final Decision: Authors Win” at http://www.infotoday.com/newsbreaks/nb010628-1.htm.) In August 2000, 21 authors and three author professional associations—the National Writers Union (http://www.nwu.org), American Society of Journalists and Authors (http://www.asja.org), and the Authors Guild (http://www.authorsguild.org)—filed a class action suit. On March 29, 2005, plaintiffs filed a final motion for court approval of a settlement in the suit against database services and publishers, to which the court gave preliminary approval on March 31. The settlement totals a minimum of $10 million and a maximum of $18 million, less $3.8 million for lawyer’s fees and administrative costs. After the 120-day claim period ends (start date to be scheduled by the final court approval hearing on July 28), no further claims by any freelance writers can be made against the database companies or publishers named for covered infringement of electronic rights.

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