11-Word Press Snippets Might Violate Copyright

Headline Legal News

According to Courthouse News, a Danish press-clipping company could be violating copyright by printing out 11-word snippets of news articles, the European Court of Justice ruled.

The Luxembourg-based court remanded the issue to Denmark for a determination on whether the snippets comprise intellectual property.

Media monitoring services company Infopaq International challenged the Danske Dagblades Forening, an association of Danish daily newspapers, over a requirement for permission to distribute 11-word extracts of news stories.

Legal framework for the permission requirement includes the 1979 Berne Convention, the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights as administered by the World Trade Organization, and European directives from 1996 and 2001 meant to govern electronic information and protect "European cultural creativity."

Infopaq argued that its process of scanning news articles, converting the data to text and emailing its customers summaries containing the five words before and after a keyword comprise fleeting use that's exempt from the permission requirements. Infopaq also prints out cover sheets with the text snippets.

The Court of Justice said it is up to the national court to determine whether the snippets comprise intellectual property.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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