[Content site] Newscan.com

Hey, I originally posted this over in the Roundtable, and maybe it appeared too esoteric... but I'm still hoping someone might have some insight into this issue.

If you've heard about the Tasini vs NY Times case, that had to do with major conglomerates and publishers like the New York Times reselling freelance writers' work without paying them additional royalties. Tasini, the then head of the Writers Union, won the original case against the Times. Most of the work was resold as part of large content databases. There was then a negotiated settlement, if I understand correctly.

My first professional byline was in Canada, several years ago, but I'm American. It seems that article, published in one of the Southam chain papers, is being resold by a database website called Newscan.com, based in Montreal. I did not contract to sell more than First North American rights. The newspaper's own archive does not go back that far, but that doesn't mean they didn't resell it to Newscan.

Does anyone have any experience with this in Canada, know anything about how common these database issues are up north?

Reprint rights, not First NA rights

Thank you -- Let me see if I can rephrase this. I'm clear on the North American rights bit.

The article was written for a Canadian newspaper, part of the Southam chain (the company previously owned by Lord Conrad Black). The only rights I assigned were first North American rights, for original first printing in the Canadian newspaper. No other rights were given or implied. In other words, I still own all the reprint rights.

Now, a second Canadian company, Newscan.com, is offering the article for sale. If Southam resold my article to a third party (Newscan.com) without my permission, and without me getting a royalty, that's a problem. I have *never* entered into any agreement with Newscan.

If it were an American content website, then this issue would fall under the Tasini vs. New York Times verdict.

But I have no idea how Canadian law interprets issues like Tasini, or what the content issues are up there, and am trying to find out where to go next.

Here's the data on the company that owns Newscan

Basically, they claim to be on the side of the angels. This work was not licensed, despite their claims below, as I never signed over my reprint rights to the original newspaper.

"CEDROM-SNi is an aggregator of news content and through its services provides access to over 300 news and business publications, primarily from Europe and Canada. When viewing or redistributing articles via CEDROM-SNi services, copyright is always respected under the terms of the licences with all of the publishers involved. Europresse.com, Diva-Press.com, Eureka.cc and Newscan.com are the primary services of the company."