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ARTICLE · 16 MARCH 2021

Implied Copyright Licenses In The Digital World: Blogs, RSS Feeds, And Aggregators

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Plaintiff MidlevelU operates a website for midlevel healthcare providers (e.g., nurse practitioners and physician assistants)

United StatesIntellectual Property

Plaintiff MidlevelU operates a website for midlevel healthcare providers (e.g., nurse practitioners and physician assistants) that features a blog that the court describes as "designed to attract potential customers to its revenue-generating resources." MidlevelU makes the full text of its blog articles available in an RSS feed. Defendant Newstex, an aggregator of news publications, offered to subscribers (mostly academic institutions) a product called the Scholarly Blog Index (the "Index"), a curated index of full-text academic blog posts (where it had a license from content owners) and abstracts of posts (where it didn't have a license). Newstex subscribed to MidlevelU's feed, created computer-generated  summaries of the posts, and included in the Index those summaries, bibliographic information, and a link to the original posts. Subscribers also could click on a different link to see the full text of the original post through an iFrame. Plaintiff wasn't happy

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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