The press release below was written as only law firms could write one.
However, the website -- www.uncoversettlement.com -- has a lot more
information. It includes a database that will enable you to see if you are
among the thousands of writers whose work was being sold without permission
over the net.
Please note that there are deadlines!
Feel free to distribute to writer's lists, etc.
And pardon the cross posting.
Ron Silliman
----------------------------
Freelance Authors Regain Copyright Control Through Innovative Settlement
SAN FRANCISCO, Calif., July 26
Document Provider to Obtain Permission Before Selling Authors' Articles
Electronically
Historic Legal Settlement Includes Class Notification to Authors
The settlement, believed to be the first class action lawsuit of its kind in
the nation, instructs commercial document delivery services to obtain
permission from authors before their creative works can be sold
electronically via the Internet. The case involved a group of individual
authors who challenged UnCover, an online document delivery service that
sold copyrighted magazine and journal articles over the Internet without the
author's permission. UnCover pursued royalty contracts with many periodical
publishers and paid copyright fees to publishers, but not to individual
authors.
The $7.25 million settlement, preliminarily approved by the federal court in
Oakland, California, requires UnCover to expand its copyright permission and
royalty payment system to include individual authors as well as publishers,
and to obtain certain specified forms of permission before delivery of such
articles. UnCover will now also offer a licensing agreement with any author
who requests it, paying royalties semi-annually. The settlement fund will
come from other settling parties.
The settlement also uniquely initiates a search for thousands of authors,
poets and other academic and creative writers who may have had their works
sold by UnCover in the past. Any authors who retained their copyright in any
article delivered by UnCover between October 22, 1994 and July 12, 2000 may
be eligible to participate in the settlement. Anyone whose written work has
been published in a magazine or periodical is strongly encouraged to visit
the special Web site ( http://www.uncoversettlement.com ) where a potential
class member can get complete information and submit their claim for a share
of the settlement via the Internet. The Web site will be launched on Monday,
July 31, 2000.
"Selling individual articles electronically without author permission has
been an industry-wide practice. We believe the law does not allow the
practice, and this settlement should go a long way to changing it," said the
authors' attorney John Shuff of the national law firm of Robins, Kaplan,
Miller & Ciresi L.L.P. ( http://www.rkmc.com ), known for its broad
experience in complex litigation. "We hope the industry will take notice and
adopt the same permission procedures as UnCover."
The representative plaintiffs, a group of freelance and academic writers,
and poets, were Joan Ryan, Jim Tunney, Arlie Russell Hochschild, Lyn
Hejinian and Ron Silliman.
"The intellectual property owned by authors is no different than music owned
by songwriters or images owned by photographers," said copyright attorney
Dan Reidy of the Law Offices of Daniel A. Reidy of Sausalito, California,
co-counsel with Robins, Kaplan, Miller & Ciresi L.L.P., referring to recent
legal challenges to the electronic downloading and distribution of music and
photos on CDs or via the Internet. "Authors have not only regained control
of their work, but perhaps more importantly, they have regained control of
their value," said Reidy. UnCover's founder, Ward Shaw, said that UnCover
has long worked with publishers and rights organizations such as the
Copyright Clearance Center and the National Writers Union's Publication
Rights Clearinghouse to pay copyright for delivery of the articles
researchers and others need. "We are happy to work with individual authors
directly as well," said Shaw. UnCover ( http://www.uncweb.carl.org )
maintains a database of approximately eight million articles -- increasing
by approximately 5,000 per day -- from more than 17,000 periodicals, and
specializes in supplying copies of articles from often hard-to-find
scientific, medical and technical journals and other publications.
/NOTE TO EDITORS: Copies of the Summary Notice are available upon request.
The settlement Web site, http://www.uncoversettlement.com , will be launched
July 31, 2000/
/CONTACT: Daniel A. Reidy of the Law Offices of Daniel A. Reidy,
415-331-7500, Janette L. Ferguson of Robins, Kaplan, Miller & Ciresi L.L.P.,
415-235-6649, cell 650-579-2709, or Michael Traynor, 415-693-2110, or Robert
L. Eisenbach, 415-693-2094, both of Cooley Godward LLP/
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