Cambridge University Press et al v. Patton et al

Filing 266

NOTICE of Joint Filing Concerning Allegations of Infringement at GSU in Response to 265 Court Order by J. L. Albert, Mark P. Becker, Kenneth R. Bernard, Jr, James A. Bishop, Cambridge University Press, Frederick E. Cooper, Larry R. Ellis, Robert F. Hatcher, Felton Jenkins, W. Mansfield Jennings, Jr, James R. Jolly, Donald M. Leebern, Jr, William NeSmith, Jr, Oxford University Press, Inc., Risa Palm, Doreen Stiles Poitevint, Willis J. Potts, Jr, Wanda Yancey Rodwell, Sage Publications, Inc., Nancy Seamans, Kessel Stelling, Jr, Benjamin J. Tarbutton, III, Richard L. Tucker, Allan Vigil, Larry Walker (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rains, John) Modified on 3/16/2011 in order to update docket text (ank).

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Cambridge University Press et al v. Patton et al Doc. 266 Att. 1 EXHIBIT A Dockets.Justia.com Exhibit A: Plaintiff Works Alleged to Be Infringed At GSU 2009 Maymester Course Title Instructor Title of Work Copyright Owner (or Licensee) Description (including total # of pages and chapters in work) # of Chapters Used Page Range # of Pages Used Percent Copied Retail List Price (New) Licensing Cost Per Student Class Size (Licensing cost for class, including $3.00 service fee) 10 ($16.50) Copyright Registration Number Defendants' Objections* Books Allegedly Required for Purchase AL8480 Classroom Practices in Teaching ESL/EFL Murphy Pronunciation Games Cambridge Original activities accompanied by advice for teaching English language pronunciation. 7 chapters, 108 pages Selections 8-27 20 (9 requiring permission) 8.3 $47.00 (paperback) $1.35 Foreign work not requiring registration (17 U.S.C 411(a)) No copyright registration provided; work has 112 pages rather than 108 pages; percentage used is 8.0% rather than 8.3%; Professor did not use eRes; license provided in book No copyright registration provided; work has 208 pages rather than 193 pages; percentage used is 19.7% rather than 21.2%; Professor did not use eRes and students were required to purchase book; no assignment of copyright to publisher provided (license only) New Ways in Teaching Reading (Day); Writing Resource Books for Teachers (Hedge); Keep Talking (Klippel); Grammar Practice Activities (Ur) Keep Talking: Communicative Fluency Activities for Language Teaching Cambridge Comprehensive guide to language teaching activities. 4 chapters with additional worksheets and activities, 193 pages 1 (partial) 58-98 41 21.2 $29.00 (paperback) $6.15 10 ($64.50) Foreign work not requiring registration (17 U.S.C 411(a)) More Grammar Games: Cognitive, Affective and Drama Activities for EFL Students Cambridge Original activities accompanied by advice for teaching grammar. 9 chapters, 174 pages Selections 58-93 36 20.7 $32.00 (paperback) $5.40 10 ($57.00) TX 7-274-034 Work has 192 pages rather than 174 pages; percentage used is 18.8% rather than 20.7%; Professor did not use eRes Foreign work not requiring registration (17 U.S.C 411(a)) No copyright registration provided; no deposit copy was provided to Defendants; Defendants are unable to verify page and percentage information; Professor did not use eRes and students were required to purchase book; no assignment of copyright to publisher provided Grammar Practice Activities (1st edition) Cambridge Activities and teaching instructions for teaching grammar to students in a communicative methodology. 4 chapters, with additional activities, 282 pages Selections 44-102 59 20.9 $30.00 (paperback) $8.85 10 ($91.50) Filed March 15, 2011 1 *Plaintiffs' Responses provided on single-page summaries EXHIBIT A - 1 Exhibit A: Plaintiff Works Alleged to Be Infringed At GSU 2009 Maymester Course Title Instructor Title of Work Copyright Owner (or Licensee) Description (including total # of pages and chapters in work) # of Chapters Used Page Range # of Pages Used Percent Copied Retail List Price (New) Licensing Cost Per Student Class Size (Licensing cost for class, including $3.00 service fee) 10 ($37.50) Copyright Registration Number Defendants' Objections* Books Allegedly Required for Purchase AL8480 Classroom Practices in Teaching ESL/EFL (cont.) Murphy Five-Minute Activities: A Resource Book of Short Activities Cambridge Activities and advice for language teaching. 101 pages Selections 1-23 23 22.8 $27.00 (paperback) $3.45 TX 7-274-046 Work has 117 pages rather than 101 pages; percentage used is 19.7% rather than 22.8%; Professor did not use eRes Foreign work not requiring registration (17 U.S.C 411(a)) No copyright registration provided; work has 144 pages rather than 129 pages; percentage used is 20.1% rather than 22.5%; Professor did not use eRes No copyright registration provided; work has 191 pages rather than 182 pages; percentage used is 20.4% rather than 21.4%; Professor did not use eRes; license provided in book No copyright registration provided; work has 165 pages rather than 146 pages; percentage used is 17.6% rather than 21.2%; license provided in book; Professor did not use eRes and students were required to purchase book; no assignment of copyright to publisher provided No copyright registration provided; work has 183 pages rather than 166 pages; percentage used is 17.5% rather than 19.3%; Professor did not use eRes; no assignment of copyright to publisher provided Newspapers Oxford Recommendations for effective use of newspapers in language teaching. 6 chapters, 129 pages 1 30-58 29 22.5 $21.50 $3.48 10 ($37.80) Role Play: Resource Books for Teachers Oxford Comprehensive overview and analysis of developing fluency in students. 182 pages Unspecified 24-62 39 21.4 $19.95 $4.68 10 ($49.80) Foreign work not requiring registration (17 U.S.C 411(a)) Writing: Resource Books for Teachers Oxford Recommendations for teaching clear and effective English writing skills. 4 chapters, 146 pages Unspecified 50-80 31 (29 requiring permission) 21.2 $21.50 $3.48 10 ($37.80) Foreign work not requiring registration (17 U.S.C 411(a)) Vocabulary Oxford Activities and advice for teaching new words to language students. 166 pages (2nd edition) 2 12-27 30-45 32 19.3 $21.50 (out of print) $3.84 10 ($41.40) Foreign work not requiring registration (17 U.S.C 411(a)) Filed March 15, 2011 2 *Plaintiffs' Responses provided on single-page summaries EXHIBIT A - 2 Exhibit A: Plaintiff Works Alleged to Be Infringed At GSU 2009 Maymester Course Title Instructor Title of Work Copyright Owner (or Licensee) Description (including total # of pages and chapters in work) # of Chapters Used Page Range # of Pages Used Percent Copied Retail List Price (New) Licensing Cost Per Student Class Size (Licensing cost for class, including $3.00 service fee) 13 ($20.16) Copyright Registration Number Defendants' Objections* Books Allegedly Required for Purchase EPRS8500 Qualitative/ Interpretive Research in Education I Kaufmann The Craft of Inquiry: Theories, Methods, Evidence Oxford Overview of sociological methodology and the relationships between the various approaches. 8 chapters, 134 pages 1 21-31 11 8.2 $32.95 $1.32 Handbook of Feminist Research: Theory and Praxis SAGE Analysis of feminist approaches to methodology. 43 chapters, 712 pages 1 515-534 20 2.8 $146.00 (hardcover) $2.80 13 ($39.40) Qualitative Research for Education (Bogdan); Foundations of Social Research (Crotty); Critical Reading and Writing for Postgraduates TX 7-031-746 Work has 767 pages rather than 712 pages; (Wallace) percentage used is 2.6% rather than 2.8%; this work was not used in Maymester TX 4-742-637 Work has 185 pages rather than 134 pages; percentage used is 5.9% rather than 8.2%; this work was not used in Maymester Foreign work not requiring registration (17 U.S.C 411(a)) No copyright registration provided; work has 564 pages rather than 537 pages; percentage used is 2.1% rather than 2.2%; no assignment of copyright to publisher provided (license only) Handbook of Social Theory SAGE Comprehensive overview and analysis of social theory, including the strengths and weaknesses of contemporary social theory. 39 chapters, 537 pages 1 217-228 12 2.2 $150.00 (hardcover) $69.95 (paperback) $1.68 13 ($24.84) The SAGE Handbook of Qualitative Research (3rd edition) SAGE Original research and analysis concerning the theory and practice of qualitative inquiry. 4 1-32 357-375 443-465 651-679 103 9.1 $156.00 (hardcover) $14.42 13 ($190.46) 44 chapters, 1126 pages The SAGE Handbook of Qualitative Research (2nd edition) SAGE Original research and analysis concerning the theory and practice of qualitative inquiry. TX 6-175-287 Work has 1229 pages rather than 1126 pages; percentage used is 8.4% rather than 9.1% TX 5-220-475 Work has 1142 pages rather than 1065 pages; percentage used is 6.8% rather than 7.3% ; no assignment of copypright to publisher provided (license only) TX 7-164-515 Work has 619 pages rather than 570 pages; percentage used is 6.1% rather than 6.7%; no assignment of copypright to publisher provided 3 717-732 733-768 923-948 78 7.3 $175.00 (hardcover) (out of print) $10.92 13 ($144.96) 36 chapters, 1065 pages Handbook of Critical and Indigenous Methodologies SAGE Original research and analysis concerning the relationship between critical methodologies and indigenous perspectives. 2 85-99 135-156 37 6.5 $146.00 (hardcover) $5.18 13 ($70.34) 30 chapters, 570 pages Filed March 15, 2011 3 *Plaintiffs' Responses provided on single-page summaries EXHIBIT A - 3 Exhibit A: Plaintiff Works Alleged to Be Infringed At GSU 2009 Maymester Course Title Instructor Title of Work Copyright Owner (or Licensee) Description (including total # of pages and chapters in work) # of Chapters Used Page Range # of Pages Used Percent Copied Retail List Price (New) Licensing Cost Per Student Class Size (Licensing cost for class, including $3.00 service fee) 13 ($32.12) Copyright Registration Number Defendants' Objections* Books Allegedly Required for Purchase EPRS8500 Qualitative/ Interpretive Research in Education I (cont.) Kaufmann Qualitative Research Practice SAGE Interdisciplinary overview of the varieties of qualitative research practice. 38 chapters, 608 pages 1 391-406 16 2.6 $130.00 (hardcover) $67.95 (paperback) $2.24 Foreign work not requiring registration (17 U.S.C 411(a)) No copyright registration provided; work has 639 pages rather than 608 pages; percentage used is 2.5% rather than 2.6%; no assignment of copyright to publisher was provided (license only) Handbook of Narrative Inquiry SAGE Comprehensive and interdisciplinary overview of the methodology of narrative inquiry. 24 chapters, 650 pages 1 3-34 32 4.9 $146.00 (hardcover) $4.76 13 ($64.88) TX 6-512-848 Work has 710 pages rather than 650 pages; percentage used is 4.5% rather than 4.9%; no assignment of copyright to publisher provided Foreign work not requiring registration (17 U.S.C 411(a)) Course not taught per Defendants allege Grinnage Declaration; course not taught no copyright registration provided; work has 284 pages rather than 494 pages; work has 8 chapters rather than 17 chapters; percentage used is 3.5% rather than 2%; no assignment of copyright to publisher provided (license only) IB4410 Management in Transition Economies:Th e Czech Republic & Hungary Danis The Enlargement of the European Union Oxford Interdisciplinary analysis of the enlargement of the European Union and its impact on the United States and Europe. 17 chapters, 494 pages 1 79-88 10 2 $70.00 $1.20 13 ($18.60) Filed March 15, 2011 4 *Plaintiffs' Responses provided on single-page summaries EXHIBIT A - 4

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