SUPREME COURT KEEPS REED ELSEVIER V. MUCHNICK ALIVE

The United States Supreme Court has reversed the Second Circuit Court of Appeals in Reed Elsevier v. Muchnick, ruling that holders of unregistered copyrights can participate in settlements of infringement cases.

The decision means that the case, commonly called “Freelance,” will return to the lower courts for further adjudication. The Second Circuit had invalidated the settlement on jurisdictional grounds.

Freelance involves the consolidated settlement of several class-action cases over the unauthorized and uncompensated electronic reuse of freelance writers’ previously published articles. The cases stemmed, in turn, from the 2001 Supreme Court opinion in Tasini v. New York Times.

The Reed Elsevier v. Muchnick opinion can be viewed at http://www.supremecourtus.gov/opinions/09pdf/08-103.pdf.

The objectors to the settlement are gratified by the jurisdiction ruling. We now look forward to the opportunity to argue the merits of our objections before the Second Circuit.

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