Sunday, July 6, 2008

 

Digital Replica Rights Battle Continues

"Can I publish my magazine in digital edition form without explicit permission from writers and photographers?"

There is still no absolutely clear answer to this question for publishers. I covered this issue back in March 2008 (The National Geographic Digital Archive Battle - Implications for Digital).

Recently the 11th Circuit appeared to agree with National Geographic that they had the rights to publish their "digital replica". A good writeup on the case can be found on the National Press Association Publishers website (11th Circuit Sides With National Geographic In Copyright Case).

Notwithstanding this, however, I'd still fall back on my recommendation:

Publishers worried about the "rights issue" should update their agreements with writers and photographers to clearly define both parties rights when it comes to digital replicas on the web, in physical form, and now on mobile devices.


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