If publishers and aggregators don t have good records of their previous agreements with freelancers versus staff writers, cannot track down previous authors, or are unable to determine rights transference, there may be a backlash of individual articles or whole periodicals being removed from databases. Searchers are rightfully concerned about having consistent access to electronic information and at reasonable prices. Publishers have long complained that database aggregators and online services did not provide article-level accounting of use, and they have therefore been unable to provide the information and appropriate division of royalties to authors, and have also claimed that it would amount to pennies when divided up. Tasini said that the services, the aggregators, and the publishers are all liable, and cannot foist the blame off on another in the information provision chain. It s rubbish, he said.
Infringement is infringement.
He feels that by not agreeing to negotiate they are exposing themselves to massive damages. While he notes that a retrospective settlement would be complex and difficult because of the time and scope of the problem, he feels that a fair resolution is doable if the parties involved will sit down together. So, there s turmoil all around in the publishing and information industries. With all the publicity and consciousness raising about authors rights, I suspect that many more freelance writers will be doing a much closer read of their article contracts, and publishers will be scrambling to re-evaluate their contract agreements. And, all eyes will be on whether the Supreme Court agrees to hear the appeal of the Tasini case filed by the defendants.