Amazon Ad Tops the List in N.Y. Times Dispute

An Amazon.com ad in the New York Times Sunday that reprinted the newspaper’s bestseller list added a new wrinkle to the testy legal dispute between the two companies.

Online merchant Amazon uses the Times’ survey on its Internet site and offers 50% discounts on books on the newspaper’s list. But the Times on May 28 sent a letter to Amazon asking it to immediately stop using the list. Amazon responded on June 3 by suing the newspaper in federal court in Seattle.

Experts say the case could shed light on an aspect of copyright law. Amazon contends the list is in the public domain, as are winners of the Academy Awards. The Times maintains it owns the list and Amazon needs a license to use it. The Times licenses its list to Amazon’s online competitor, Barnesandnoble.com.

But although Amazon has refused to seek a license to post the survey on its Web site, it did ask the Times for permission to reproduce the list in its newspaper ad.

“It is somewhat ironic that what they did for the ad is what they refuse to do for the Web site,” said Times spokeswoman Lisa Caparelli.

Amazon spokesman Bill Curry said there is a difference. The ad reproduces the list exactly as it appears in the Times--complete with plot synopsis and other information. On the Internet, he said, Amazon simply notes which books are on the list, and therefore, which books it discounts.