Court says freelancer settlement can be approved

Court Alerts

The Supreme Court on Tuesday revived an $18 million settlement of a dispute involving payment to freelance writers for online use of their work.

The high court overturned a lower court decision throwing out a settlement between freelancers, publishers and database owners including Reed Elsevier Inc., educational publisher and owner of the LexisNexis information service.

The proposed settlement covers freelancers who registered the copyright to their works as well as those who didn't. The 2nd U.S. Circuit Court of Appeals in New York had said courts generally don't have authority over infringement claims on works that are not copyrighted.

Justice Clarence Thomas disagreed, writing that the lower court did have authority to approve the settlement.

The lawsuit followed a Supreme Court ruling in 2001 that freelance writers have online rights to their work. The case largely applied to articles, photographs and illustrations that were produced 15 or more years ago, before freelance contracts provided for the material's electronic use.

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