Narrative Opinion Summary
This case involves an international copyright dispute concerning the copying of articles by a Russian-language publication based in the United States. The primary legal issue is the determination of copyright ownership and infringement under Russian and U.S. law, respectively. Russian law, which governs ownership, assigns copyrights of newspaper articles to their authors, excluding them from the work-for-hire doctrine applicable to press agencies like Itar-Tass. The U.S. law governs infringement, as the copying occurred in the U.S. The District Court ruled that Russian newspapers could not claim damages for article text copying but could seek relief for the infringement of their compilation rights. The case was remanded to determine potential relief for non-newspaper plaintiffs and to address the rights of UJR and Heslin Trading Ltd. The court also considered the implications of the Berne Convention on the rights of authors and publishers. Distinctions between ownership and infringement issues were highlighted, with the court underscoring the need for federal common law to address conflicts in copyright law. The judgment was affirmed for Itar-Tass, reversed for other plaintiffs, and remanded for further proceedings.
Legal Issues Addressed
Application of Berne Convention to Copyright Disputessubscribe to see similar legal issues
Application: Articles published after Russia joined the Berne Convention are classified as Berne Convention works, subject to Russian copyright law.
Reasoning: The articles in question, published after March 13, 1995 (the date Russia joined the Berne Convention), were classified as 'Berne Convention works.'
Choice of Law in International Copyright Disputessubscribe to see similar legal issues
Application: The court decided that Russian law governs copyright ownership while U.S. law applies to infringement issues within the United States.
Reasoning: The court determined that Russian law governs the ownership of the copyrights in question, while U.S. law applies to infringement issues within the United States.
Limitations on Publishers’ Rights under Russian Copyright Lawsubscribe to see similar legal issues
Application: Russian law grants compilers rights over their creative selections but allows authors to exploit their works independently unless otherwise contracted.
Reasoning: Article 11 of Russian Copyright Law grants compilers rights over their creative selections while respecting the authors' rights of included works.
Ownership Rights under Russian Copyright Lawsubscribe to see similar legal issues
Application: Ownership of newspaper articles is vested in the journalists who authored them, as newspapers are not covered by the work-for-hire doctrine.
Reasoning: Under Russian law, ownership of newspaper articles resides with the journalists who authored them, as newspapers are excluded from the work-for-hire doctrine.
Rights of Newspaper Publishers versus Authorssubscribe to see similar legal issues
Application: Newspaper publishers do not have the right to claim damages for text copying of articles, which belong to the authors.
Reasoning: Publishers may have ownership rights regarding the selection and arrangement of articles but do not have the right to claim damages for text copying of those articles.
Rights of Press Agencies under Russian Copyright Lawsubscribe to see similar legal issues
Application: Press agencies, unlike newspapers, fall under the work-for-hire provision, allowing them to hold copyright interests in employee-created articles.
Reasoning: It was determined that press agencies like Itar-Tass, which are not classified as newspapers, do fall under this provision.
Standing Requirements for Copyright Infringement Suits in U.S. Courtssubscribe to see similar legal issues
Application: A copyright owner, even if determined by foreign law, must meet U.S. standing criteria under 17 U.S.C. 501(b) to sue for infringement.
Reasoning: A procedural requirement under U.S. law mandates that a copyright owner, including those determined by foreign law, must meet the standing criteria of 17 U.S.C. 501(b) to sue for infringement in U.S. courts.