Reed Elsevier, Inc. v. Muchnick
Intellectual Property, Copyright
1. Whether the usual power of lower courts to approve a comprehensive settlement releasing claims that would be outside the courts' subject matter jurisdiction to adjudicate, confirmed in Matsushita Elec. Indus. Co. v. Epstein, 516 U.S. 367 (1996), was eliminated in copyright infringement actions by 17 U.S.C. § 411(a).
2. Whether the Second Circuit erred by ignoring the assurance in New York Times Co. v. Tasini, 533 U.S. 483, 505 (2001), that the problem of compromised electronic news archives could be remedied by "[t]he Parties (Authors and Publishers [entering] into an agreement allowing continued electronic reproduction of the Authors' works . . . and remunerating authors for their distribution."
Michael J. Boni
Bala Cynwyd, PA
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