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. 4 EXHIBIT D Dockets.Justia.com Exhibit D: Alleged Infringement May 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Pronunciation Games Cambridge Foreign work not requiring registration (17 U.S.C 411(a)) Original activities accompanied by advice for teaching English language pronunciation. 7 chapters, 108 pages AL8480 - Classroom Practices in Teaching ESL/EFL Murphy Selections 8-27 (20 pages, 9 requiring permission) 8.3% $47.00 (paperback) $1.35 10 ($16.50) Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Textbooks Allegedly Required for Purchase: New Ways in Teaching Reading; Writing; Keep Talking; Grammar Practice Activities Defendants' Objection(s) to Alleged Infringement 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 Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, or other front or end material. Plaintiffs dispute that the material was not made available on ERes and provided to students in the course. 9 pages of excerpt are not covered by the photocopy license provided in book. EXHIBIT D - 1 Exhibit D: Alleged Infringement May 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Keep Talking: Communicative Fluency Activities for Language Teaching Cambridge Foreign work not requiring registration (17 U.S.C 411(a)) Comprehensive guide to language teaching activities. 4 chapters with additional worksheets and activities, 193 pages AL8480 - Classroom Practices in Teaching ESL/EFL Murphy 1 (partial) 58-98 (41 pages) 21.2% $29.00 (paperback) $6.15 10 ($64.50) Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Textbooks Allegedly Required for Purchase: New Ways in Teaching Reading; Writing; Keep Talking; Grammar Practice Activities Defendants' Objection(s) to Alleged Infringement 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) Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the material was not made available on ERes and provided to students in the course. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. EXHIBIT D - 2 Exhibit D: Alleged Infringement May 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: More Grammar Games: Cognitive, Affective and Drama Activities for EFL Students Cambridge TX 7-274-034 Original activities accompanied by advice for teaching grammar. 9 chapters, 174 pages AL8480 - Classroom Practices in Teaching ESL/EFL Murphy Selections 58-93 (36 pages) 20.7% $32.00 (paperback) $5.40 10 ($57.00) Textbooks Allegedly Required for Purchase: New Ways in Teaching Reading; Writing; Keep Talking; Grammar Practice Activities Defendants' Objection(s) to Alleged Infringement Work has 192 pages rather than 174 pages; percentage used is 18.8% rather than 20.7% Professor did not use eRes Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the material was not made available on ERes and provided to students in the course. EXHIBIT D - 3 Exhibit D: Alleged Infringement May 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Grammar Practice Activities (1st edition) Cambridge Foreign work not requiring registration (17 U.S.C 411(a)) Activities and teaching instructions for teaching grammar to students in a communicative methodology. 4 chapters, with additional activities, 282 pages AL8480 - Classroom Practices in Teaching ESL/EFL Murphy Selections 44-102 (59 pages) 20.9% $30.00 (paperback) $8.85 10 ($91.50) Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Textbooks Allegedly Required for Purchase: New Ways in Teaching Reading; Writing; Keep Talking; Grammar Practice Activities Defendants' Objection(s) to Alleged Infringement 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 Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute that provision of a "deposit copy" is relevant; work is in Defendants' possession. Plaintiffs have not specified a page range because Defendants refused to produce records in the their possession that would reveal the page range or the underlying pdf file from ERes system. Plaintiffs dispute that the material was not made available on ERes and provided to students in the course. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 4 Exhibit D: Alleged Infringement May 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Five-Minute Activities: A Resource Book of Short Activities Cambridge TX 7-274-046 Activities and advice for language teaching. 101 pages AL8480 - Classroom Practices in Teaching ESL/EFL Murphy Selections 1-23 (23 pages) 22.8% $27.00 (paperback) $3.45 10 ($37.50) Textbooks Allegedly Required for Purchase: New Ways in Teaching Reading; Writing; Keep Talking; Grammar Practice Activities Defendants' Objection(s) to Alleged Infringement Work has 117 pages rather than 101 pages; percentage used is 19.7% rather than 22.8% Professor did not use eRes Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the material was not made available on ERes and provided to students in the course. EXHIBIT D - 5 Exhibit D: Alleged Infringement May 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Newspapers Oxford Foreign work not requiring registration (17 U.S.C 411(a)) Recommendations for effective use of newspapers in language teaching. 6 chapters, 129 pages AL8480 - Classroom Practices in Teaching ESL/EFL Murphy 1 30-58 (29 pages) 22.5% $21.50 $3.48 10 ($37.80) Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Textbooks Allegedly Required for Purchase: New Ways in Teaching Reading; Writing; Keep Talking; Grammar Practice Activities Defendants' Objection(s) to Alleged Infringement 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 Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the material was not made available on ERes and provided to students in the course. EXHIBIT D - 6 Exhibit D: Alleged Infringement May 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Role Play: Resource Books for Teachers Oxford Foreign work not requiring registration (17 U.S.C 411(a)) Comprehensive overview and analysis of developing fluency in students. 182 pages AL8480 - Classroom Practices in Teaching ESL/EFL Murphy Unspecified 24-62 (39 pages) 21.4% $19.95 $4.68 10 ($49.80) Textbooks Allegedly Required for Purchase: New Ways in Teaching Reading; Writing; Keep Talking; Grammar Practice Activities Defendants' Objection(s) to Alleged Infringement 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 Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the material was not made available on ERes and provided to students in the course. 29 pages of excerpt are not covered by the photocopy license provided in book. EXHIBIT D - 7 Exhibit D: Alleged Infringement May 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Writing: Resource Books for Teachers Oxford Foreign work not requiring registration (17 U.S.C 411(a)) Recommendations for teaching clear and effective English writing skills. 4 chapters, 146 pages AL8480 - Classroom Practices in Teaching ESL/EFL Murphy Unspecified 50-80 (31 pages; 29 requiring permission) 21.2% $21.50 $3.48 10 ($37.80) Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Textbooks Allegedly Required for Purchase: New Ways in Teaching Reading; Writing; Keep Talking; Grammar Practice Activities Defendants' Objection(s) to Alleged Infringement 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 Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. 29 pages of excerpt are not covered by the photocopy license provided in book. Plaintiffs dispute that the material was not made available on ERes and provided to students in the course. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 8 Exhibit D: Alleged Infringement May 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Vocabulary Oxford Foreign work not requiring registration (17 U.S.C 411(a)) Activities and advice for teaching new words to language students. 166 pages (2nd edition) AL8480 - Classroom Practices in Teaching ESL/EFL Murphy 2 12-27; 30-45 (32 pages) 19.3% $21.50 (out of print) $3.84 10 ($41.40) Textbooks Allegedly Required for Purchase: New Ways in Teaching Reading; Writing; Keep Talking; Grammar Practice Activities Defendants' Objection(s) to Alleged Infringement 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 Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the material was not made available on ERes and provided to students in the course. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 9 Exhibit D: Alleged Infringement May 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): The Craft of Inquiry: Theories, Methods, Evidence Oxford TX 4-742-637 Overview of sociological methodology and the relationships between the various approaches. 8 chapters, 134 pages EPRS8500 - Qualitative/ Interpretive Research in Education I Kaufmann 1 21-31 (11 pages) 8.2% $32.95 $1.32 13 ($20.16) Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Textbooks Allegedly Required for Purchase: Qualitative Research for Education; Foundations of Social Research; Critical Reading and Writing for Postgraduates Defendants' Objection(s) to Alleged Infringement Work has 185 pages rather than 134 pages; percentage used is 5.9% rather than 8.2% This work was not used in Maymester Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the material was not made available on ERes and provided to students in the course. Plaintiffs dispute that Critical Reading and Writing for Postgraduates was required for purchase in the course. EXHIBIT D - 10 Exhibit D: Alleged Infringement May 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Handbook of Feminist Research: Theory and Praxis SAGE TX 7-031-746 Analysis of feminist approaches to methodology. 43 chapters, 712 pages EPRS8500 - Qualitative/ Interpretive Research in Education I Kaufmann 1 515-534 (20 pages) 2.8% $146.00 (hardcover) $2.80 13 ($39.40) Textbooks Allegedly Required for Purchase: Qualitative Research for Education; Foundations of Social Research; Critical Reading and Writing for Postgraduates Defendants' Objection(s) to Alleged Infringement Work has 767 pages rather than 712 pages; Percentage used is 2.6% rather than 2.8% This work was not used in Maymester. Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the material was not made available on ERes and provided to students in the course. Plaintiffs dispute that Critical Reading and Writing for Postgraduates was required for purchase in the course. EXHIBIT D - 11 Exhibit D: Alleged Infringement May 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Handbook of Social Theory SAGE Foreign work not requiring registration (17 U.S.C 411(a)) Comprehensive overview and analysis of social theory, including the strengths and weaknesses of contemporary social theory. 39 chapters, 537 pages EPRS8500 - Qualitative/ Interpretive Research in Education I Kaufmann 1 217-228 (12 pages) 2.2% $150.00 (hardcover) $69.95 (paperback) $1.68 13 ($24.84) Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Textbooks Allegedly Required for Purchase: Qualitative Research for Education; Foundations of Social Research; Critical Reading and Writing for Postgraduates Defendants' Objection(s) to Alleged Infringement 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) Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that Critical Reading and Writing for Postgraduates was required for purchase in the course. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. EXHIBIT D - 12 Exhibit D: Alleged Infringement May 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): The SAGE Handbook of Qualitative Research (3rd edition) SAGE TX 6-175-287 Original research and analysis concerning the theory and practice of qualitative inquiry. 44 chapters, 1126 pages EPRS8500 - Qualitative/ Interpretive Research in Education I Kaufmann 4 1-32; 357-375; 443-465; 651-679 (103 pages) 9.1% $156.00 (hardcover) $14.42 13 ($190.46) Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Textbooks Allegedly Required for Purchase: Qualitative Research for Education; Foundations of Social Research; Critical Reading and Writing for Postgraduates Defendants' Objection(s) to Alleged Infringement Work has 1229 pages rather than 1126 pages; percentage used is 8.4% rather than 9.1% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that Critical Reading and Writing for Postgraduates was required for purchase in the course. EXHIBIT D - 13 Exhibit D: Alleged Infringement May 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): The SAGE Handbook of Qualitative Research (2nd edition) SAGE TX 5-220-475 Original research and analysis concerning the theory and practice of qualitative inquiry. 36 chapters, 1065 pages EPRS8500 - Qualitative/ Interpretive Research in Education I Kaufmann 3 717-732; 733-768; 923-948 (78 pages) 7.3% $175.00 (hardcover) (out of print) $10.92 13 ($144.96) Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Textbooks Allegedly Required for Purchase: Qualitative Research for Education; Foundations of Social Research; Critical Reading and Writing for Postgraduates Defendants' Objection(s) to Alleged Infringement 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) Plaintiffs' Response to Objection(s) Plaintiffs dispute that Critical Reading and Writing for Postgraduates was required for purchase in the course. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. EXHIBIT D - 14 Exhibit D: Alleged Infringement May 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Handbook of Critical and Indigenous Methodologies SAGE TX 7-164-515 Original research and analysis concerning the relationship between critical methodologies and indigenous perspectives. 30 chapters, 570 pages EPRS8500 - Qualitative/ Interpretive Research in Education I Kaufmann 2 85-99; 135-156 (37 pages) 6.5% $146.00 (hardcover) $5.18 13 ($70.34) Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Textbooks Allegedly Required for Purchase: Qualitative Research for Education; Foundations of Social Research; Critical Reading and Writing for Postgraduates Defendants' Objection(s) to Alleged Infringement Work has 619 pages rather than 570 pages; percentage used is 6.1% rather than 6.7% No assignment of copypright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. Plaintiffs dispute that Critical Reading and Writing for Postgraduates was required for purchase in the course. EXHIBIT D - 15 Exhibit D: Alleged Infringement May 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Qualitative Research Practice SAGE Foreign work not requiring registration (17 U.S.C 411(a)) Interdisciplinary overview of the varieties of qualitative research practice. 38 chapters, 608 pages EPRS8500 - Qualitative/ Interpretive Research in Education I Kaufmann 1 391-406 (16 pages) 2.6% $130.00 (hardcover) $67.95 (paperback) $2.24 13 ($32.12) Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Textbooks Allegedly Required for Purchase: Qualitative Research for Education; Foundations of Social Research; Critical Reading and Writing for Postgraduates Defendants' Objection(s) to Alleged Infringement 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) Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. Plaintiffs dispute that Critical Reading and Writing for Postgraduates was required for purchase in the course. EXHIBIT D - 16 Exhibit D: Alleged Infringement May 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Handbook of Narrative Inquiry SAGE TX 6-512-848 Comprehensive and interdisciplinary overview of the methodology of narrative inquiry. 24 chapters, 650 pages EPRS8500 - Qualitative/ Interpretive Research in Education I Kaufmann 1 3-34 (32 pages) 4.9% $146.00 (hardcover) $4.76 13 ($64.88) Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Textbooks Allegedly Required for Purchase: Qualitative Research for Education; Foundations of Social Research; Critical Reading and Writing for Postgraduates Defendants' Objection(s) to Alleged Infringement Work has 710 pages rather than 650 pages; percentage used is 4.5% rather than 4.9%; No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher; Plaintiffs dispute that Critical Reading and Writing for Postgraduates was required for purchase in the course. EXHIBIT D - 17 Exhibit D: Alleged Infringement May 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): The Enlargement of the European Union Oxford Foreign work not requiring registration (17 U.S.C 411(a)) Interdisciplinary analysis of the enlargement of the European Union and its impact on the United States and Europe. 17 chapters, 494 pages IB4410 - Management in Transition Economies:The Czech Republic & Hungary Danis 1 79-88 (10 pages) 2% $70.00 $1.20 13 ($18.60) Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Defendants' Objection(s) to Alleged Infringement Course not taught per Grinnage Declaration 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) Plaintiffs' Response to Objection(s) Plaintiffs dispute that the course was not taught; Defendants have produced the syllabus for this course, the course appears in the GSU GoSolar system, and four works in total appear on the ERes report for this course during the 2009 Maymester with "hits." Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. US_ACTIVE:\43657376\01\38985.0007 EXHIBIT D - 18 Exhibit D: Alleged Infringement Summer 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): The SAGE Handbook of Qualitative Research (2nd edition) SAGE TX 5-220-475 Original research and analysis concerning the theory and practice of qualitative inquiry. 36 chapters, 1065 pages EPRS8510 - Qualitative Research in Education II Kaufmann 2 717-732; 923-943 (37 pages) 3.5% $175.00 (hard-cover) (out of print) $5.88 9 ($55.92) Participant Observation (Dewalt); Using Documents in Social Research (Prior); Qualitative Interviewing (Rubin) Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 1142 pages rather than 1065; Percentage used is 3.2% rather than 3.5% No assignment of copyright to publisher was provided (license only) Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. EXHIBIT D - 19 Exhibit D: Alleged Infringement Summer 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Inside Interviewing: New Lenses, New Concerns SAGE TX 6-744-045 Original research and analysis on the interview participant. 24 chapters, 506 pages EPRS8510 - Qualitative Research in Education II Kaufmann 1 415-428* (14 pages) 2.8% $79.95 (paperback) $1.96 9 ($20.64) Participant Observation (Dewalt); Using Documents in Social Research (Prior); Qualitative Interviewing (Rubin) Defendants' Objection(s) to Alleged Infringement Work has 564 pages rather than 506; Percentage used is 2.5% rather than 2.8%; No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. 2 EXHIBIT D - 20 Exhibit D: Alleged Infringement Summer 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Handbook of Ethnography SAGE Foreign work not requiring registration (17 U.S.C 411(a)) Interdisciplinary overview and analysis of the field of ethnography. 33 chapters, 492 pages EPSF8280 - Anthropology of Education Esposito 1 188-203 (16 pages) 3.3% $130.00 (hard) $2.24 22 ($52.28) Prom Night (Best); Teaching Black Girls (EvansWinters); Race in the Schoolyard (Lewis); Hopeful Girls, Troubled Boys (Lopez); Homegirls (Mendoza-Denton) Defendants' Objection(s) to Alleged Infringement No copyright registration provided Work has 525 pages rather than 492; Percentage used is 3.0% rather than 3.3% No assignment of copyright to publisher provided (license only) Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. 3 EXHIBIT D - 21 Exhibit D: Alleged Infringement Summer 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Handbook of Feminist Research: Theory and Praxis SAGE TX 7-031-746 Original research and analysis discussing feminist approaches to methodology. 43 chapters, 712 pages EPSF8280 - Anthropology of Education Esposito 1 155-172 (18 pages) 2.5% $146.00 (hard) $2.52 22 ($58.44) Prom Night (Best); Teaching Black Girls (EvansWinters); Race in the Schoolyard (Lewis); Hopeful Girls, Troubled Boys (Lopez); Homegirls (Mendoza-Denton) Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 767 pages rather than 712; Percentage used is 2.3% rather than 2.5% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 22 Exhibit D: Alleged Infringement Summer 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): The SAGE Handbook of Qualitative Research (2nd edition) SAGE TX 5-220-475 Original research and analysis concerning the theory and practice of qualitative inquiry. 36 chapters, 1065 pages EPSF8280 - Anthropology of Education Esposito 1 455-486 (32 pages) 3% $156.00 (hard) $4.48 22 ($101.56) Prom Night (Best); Teaching Black Girls (EvansWinters); Race in the Schoolyard (Lewis); Hopeful Girls, Troubled Boys (Lopez); Homegirls (Mendoza-Denton) Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 1229 pages rather than 1126; Percentage used is 2.6% rather than 2.8% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 23 Exhibit D: Alleged Infringement Summer 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): The SAGE Handbook of Qualitative Research (1st edition) SAGE TX 3-721-799 Original research and analysis concerning the theory and practice of qualitative inquiry. 36 chapters, 586 pages EPSF8280 - Anthropology of Education Esposito 1 70-82 (13 pages) 2.2% $175.00 (hard) (out of print) $1.82 22 ($43.04) Prom Night (Best); Teaching Black Girls (EvansWinters); Race in the Schoolyard (Lewis); Hopeful Girls, Troubled Boys (Lopez); Homegirls (Mendoza-Denton) Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No deposit copy was provided to Defendants; Defendants are unable to calculate page and percentage calculations No assignment of copyright to publisher provided (license only) Plaintiffs' Response to Objection(s) Plaintiffs dispute that provision of a "deposit copy" is relevant; work is in Defendants' possession. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. EXHIBIT D - 24 Exhibit D: Alleged Infringement Summer 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Handbook of Adult Development and Learning Oxford TX 6-934-723 Analysis of the reciprocal relationship between adult development and learning. 22 chapters, 536 pages EPY7080 - The Psychology of Learning and the Learner Thompson 2 73-98 (26 pages) 4.9% $84.95 $3.12 31 ($99.72) Human Learning (Omrod) Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 595 pages rather than 536 pages; Percentage used is 4.4% rather than 4.9% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 25 Exhibit D: Alleged Infringement Summer 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Awakening Children's Minds Oxford TX 5-335-981 Original research and analysis on child-rearing theories and the roles of parents and teachers. 7 chapters, 250 pages EPY7090 - Learning and the Learner Kruger 1 181-199 (19 pages) 7.6% $28.00 $2.28 17 ($41.76) Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 320 pages rather than 250 pages; Percentage used is 5.9% rather than 7.6% No assignment to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 26 Exhibit D: Alleged Infringement Summer 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Film Theory and Criticism (2009) Oxford TX 6-928-005 Comprehensive survey of critical writings about film. 8 sections, 71 readings, 902 pages FILM4750 (COMM4750) - Film Theory and Criticism Raengo 2 24-40; 262-272 (28 pages) 3.1% $74.95 $3.36 12 ($43.32) Film Theory and Criticism (Braudy) Defendants' Objection(s) to Alleged Infringement Work has 922 pages rather than 902; Percentage used is 3.0% rather than 3.1% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 27 Exhibit D: Alleged Infringement Summer 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Analytical essays on the composer and his music. 16 chapters, 283 pages MUS8860 - Romantic Period 1800-1900 Orr 1 121-137 (17 pages) 6% $36.99 (paper) $2.25 10 ($25.50) Romantic Music (Plantinga) The Cambridge Companion to Schubert Cambridge Defendants' Objection(s) to Alleged Infringement No copyright registration provided Work has 353 pages rather than 283; Percentage used is 4.8% rather than 6% Plaintiffs' Response to Objection(s) The section 411(a) registration requirement is nonjurisdictional. See Reed Elsevier v. Muchnick, No. 08-103 (U.S. Mar. 2, 2010). Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 28 Exhibit D: Alleged Infringement Summer 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Liszt: Sonata in B Minor Cambridge TX 7-274-041 Analytical essays on the composer and his music. 5 chapters, 82 pages MUS8860 - Romantic Period 1800-1900 Orr 1 28-48 (21 pages) 25.6% $80.00 (hard) $28.99 (paper) $3.10 10 ($34.50) Romantic Music (Plantinga) Defendants' Objection(s) to Alleged Infringement Work has 101 pages rather than 82; Percentage used is 20.8% rather than 25.6% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 29 Exhibit D: Alleged Infringement Summer 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: The Cambridge Companion to Mendelssohn Cambridge Foreign work not requiring registration (17 U.S.C 411(a)) Comprehensive analysis of the composer's life and music. 14 chapters, 268 pages MUS8860 - Romantic Period 1800-1900 Orr 1 (partial) 96-111 (16 pages) 5.6% $90.00 (hard) $32.99 (paper) $2.40 10 ($27.00) Romantic Music (Plantinga) Defendants' Objection(s) to Alleged Infringement No copyright registration provided Work has 330 pages rather than 268; Percentage used is 4.8% rather than 5.6% Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 30 Exhibit D: Alleged Infringement Summer 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: The Cambridge Companion to Schumann Cambridge Foreign work not requiring registration (17 U.S.C 411(a)) Comprehensive analysis of the composer's life and music. 13 chapters, 291 pages MUS8860 - Romantic Period 1800-1900 Orr Unspecified Unspecified (Unspecified pages) Unable to calculate% $94.99 (hard) $31.99 (paper) Unable to calculate 10 (Unable to calculate) Romantic Music (Plantinga) Defendants' Objection(s) to Alleged Infringement No copyright registration provided to Defendants Failure to comply with 8/11/2010 Order Work has 304 pages rather than 291 No assignment of copyright to publisher provided Work placed on hard copy library reserve Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs have not specified a page range because Defendants refused to produce records in the their possession that would reveal the page range or the underlying pdf file from ERes system. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. Plaintiffs dispute that the material was not made available on ERes and provided to students in the course. EXHIBIT D - 31 Exhibit D: Alleged Infringement Summer 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: The Cambridge Companion to Beethoven Cambridge TX 7-274-037 Interdisciplinary analysis of the composer's life and music. 14 chapters, 305 pages MUS8860 - Romantic Period 1800-1900 Orr 1 165-185 (21 pages) 6.9% $34.99 (paper) $3.15 10 ($34.50) Romantic Music (Plantinga) Defendants' Objection(s) to Alleged Infringement Work has 387 pages rather than 305; percentage used is 5.4% rather than 6.9% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. 2 EXHIBIT D - 32 Exhibit D: Alleged Infringement Summer 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: The Music of Berlioz Oxford Foreign work not requiring registration (17 U.S.C 411(a)) Comprehensive analysis of Berlioz's musical style. 10 chapters, 347 pages MUS8860 - Romantic Period 1800-1900 Orr 1 (partial) 250-267 (18 pages) 5.2% $65.95 $2.16 10 ($24.60) Romantic Music (Plantinga) Defendants' Objection(s) to Alleged Infringement No copyright registration provided Work has 379 pages rather than 347 pages; Percentage used is 4.7% rather than 5.2% No assignment of copyright to publisher provided (license only) Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. EXHIBIT D - 33 Exhibit D: Alleged Infringement Summer 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Comprehensive overview of the composer's career and each of his major operas. 314 pages MUS8860 - Romantic Period 1800-1900 Orr Unspecified 99-126 (28 pages) 8.9% $29.95 (paper) (out of print) $3.36 10 ($36.60) Romantic Music (Plantinga) The Operas of Charles Gounod Oxford Defendants' Objection(s) to Alleged Infringement No copyright registration provided No deposit copy provided Work has 324 pages rather than 314; Percentage used is 8.6% rather than 8.9% No assignment of copyright to publisher provided (license only) Plaintiffs' Response to Objection(s) The section 411(a) registration requirement is nonjurisdictional. See Reed Elsevier v. Muchnick, No. 08-103 (U.S. Mar. 2, 2010). Plaintiffs dispute that provision of a "deposit copy" is relevant; work is in Defendants' possession. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. EXHIBIT D - 34 Exhibit D: Alleged Infringement Summer 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Analytical essays on Berlioz's role in nineteenth-century French cultural life. 18 chapters, 268 pages MUS8860 - Romantic Period 1800-1900 Orr Unspecified Unspecified (Unspecified pages) Unable to calculate% $32.99 (paper) Unable to calculate 10 (Unable to calculate) Romantic Music (Plantinga) The Cambridge Companion to Berlioz Cambridge Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No copyright registration Failure to comply with 8/11/2010 Order Work has 325 pages rather than 268 pages No assignment to publisher was provided to Defendants Work placed on hard copy library reserve Plaintiffs' Response to Objection(s) The section 411(a) registration requirement is nonjurisdictional. See Reed Elsevier v. Muchnick, No. 08-103 (U.S. Mar. 2, 2010). Plaintiffs have not specified a page range because Defendants refused to produce records in the their possession revealing the page range or the underlying pdf file from ERes system. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. Plaintiffs dispute that the material was not made available on ERes and provided to students in the course. US_ACTIVE:\43657490\01\38985.0007 EXHIBIT D - 35 Exhibit D: Alleged Infringement Summer 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No deposit copy provided Work has 650 pages rather than 606; Percentage copied is 7.1% rather than 7.6% No assignment of copyright to publisher provided (license only) Listed pages are not accurate and should be 478-489 Plaintiffs' Response to Objection(s) Plaintiffs dispute that provision of a "deposit copy" is relevant; work is in Defendants' possession. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. Plaintiffs dispute that pages 41-48 and 235-260 were not made available on ERes and provided to students in the course. The Gendered Society Reader (3d ed) Oxford TX 6-912-360 TX 6-894-152 TX5-121-963 Interdisciplinary analysis of gender differences. 38 chapters, 606 pages** SOCI3216 - Gender and Society (Marni Kahn Brown) 2 (plus part of additional chapter) 41-48; 235-260; 478-489 (46 pages) 7.6% $52.95 $5.52 44 ($245.88) US_ACTIVE:\43657490\01\38985.0007 3 EXHIBIT D - 36 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: The Slave Community Oxford TX 0000367220 Comprehensive analysis of the life of the black slave. 8 chapters, 382 pages AAS3000 - African-American Family Dixon 1 249-283 (35 pages) 9.2% $42.95 $4.20 59 ($250.80) Ensuring Inequality (Franklin); Negro Family in the U.S. (Frazier); Strengths of African American Families (Hill); Black Families (McAdoo); African American Family Life (McLoyd); Black Family (Staples) Defendants' Objection(s) to Alleged Infringement Work has 430 pages rather than 382; percentage used is 8.1% rather than 9.2% No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 37 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): African American Single Mothers: Understanding Their Lives and Families SAGE TX 4-009-242 Afrocentric feminist perspective on the AfricanAmerican mother-centered family. 10 chapters, 192 pages AAS3000 - African-American Family Dixon 1 117-145 (29 pages) 15.9% $54.95 (hard-cover; out of print) $67.95 (paperback) Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: $4.06 59 ($242.54) Ensuring Inequality (Franklin); Negro Family in the U.S. (Frazier); Strengths of African American Families (Hill); Black Families (McAdoo); African American Family Life (McLoyd); Black Family (Staples) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Defendants' Objection(s) to Alleged Infringement Work has 232 pages rather than 192; percentage used is 12.5% rather than 15.9%; No assignment of copyright to publisher provided (license only) Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. EXHIBIT D - 38 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Black Children SAGE TX 5-439-988 Comprehensive analysis on the experiences of black children. 23 chapters, 338 pages AAS3000 - African-American Family Dixon 1 73-96 (24 pages) 7.1% $114.00 (hard) $58.95 (paper) $3.36 59 ($201.24) Ensuring Inequality (Franklin); Negro Family in the U.S. (Frazier); Strengths of African American Families (Hill); Black Families (McAdoo); African American Family Life (McLoyd); Black Family (Staples) Defendants' Objection(s) to Alleged Infringement No deposit copy provided; Defendants are unable to verify page and percentage information no assignment of copyright to publisher provided (license only) Plaintiffs' Response to Objection(s) Plaintiffs dispute that provision of a "deposit copy" is relevant; work is in Defendants' possession. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. EXHIBIT D - 39 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Black Families (1997) SAGE TX 7-012-550, TX 4-352-649, TX 2-385-511 Interdisciplinary analysis of black families in the United States using theory, research, and empirical findings. 21 chapters, 363 pages AAS3000 - African-American Family Dixon 1 214-233 (20 pages) 5.5% $114.00 (hard) $58.95 (paper) $2.80 59 ($168.20) Ensuring Inequality (Franklin); Negro Family in the U.S. (Frazier); Strengths of African American Families (Hill); Black Families (McAdoo); African American Family Life (McLoyd); Black Family (Staples) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 380 pages rather than 363; percentage used is 5.3% rather than 5.5% No assignment of copyright to publisher provided (license only) Book on library reserve and required for purchase Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. Plaintiffs dispute that the material was not made available on ERes and provided to students in the course, and the relevance of whether the work was placed on hard-copy reserve or required for purchase. EXHIBIT D - 40 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Book Allegedly Required for Purchase: Ancient Egyptian Materials and Technology Cambridge TX 7-273-390 Interdisciplinary overview of craftwork in ancient Egypt. 25 chapters, 672 pages AH4900 - Materiality of Egyptian Painting (Hartwig) 1 (plus part of additional chapter) 44-54 104-120 (28 pages) 4.2% $248.00 (hard) $65.00 (paper) $4.20 13 (57.60) Colour and Painting in Ancient Egypt (Vivian) Defendants' Objection(s) to Alleged Infringement No deposit copy provided; Defendants are unable to verify page and percentage information Plaintiffs' Response to Objection(s) Plaintiffs dispute that provision of a "deposit copy" is relevant; work is in Defendants' possession. Plaintiffs dispute that Colour and Painting in Ancient Egypt was required for purchase in the course. EXHIBIT D - 41 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Book Allegedly Required for Purchase: Criterion-Referenced Language Testing Cambridge TX 27-274-044 Original research and analysis on criterionreferenced testing. 7 chapters, 291 pages AL8550 - Second Language Evaluation and Assessment Kim 1 101-148 (48 pages) 16.5% $96.00 (hard) $37.00 (paper) $7.20 16 ($118.20) Language Assessment (Brown) Defendants' Objection(s) to Alleged Infringement Work has 334 pages rather than 291; percentage used is 14.4% rather than 16.5% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 42 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Assessing Grammar Cambridge TX 7-274-039 Comprehensive overview and analysis of assessing language learners' grammatical abilities. 9 chapters, 274 pages AL8550 - Second Language Evaluation and Assessment Kim 2 49-82 100-145 (80 pages) 29.2% $36.00 (paper) $12.00 16 ($195.00) Language Assessment (Brown) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Book Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 317 pages rather than 274; percentage used is 25.2% rather than 29.2% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 43 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Assessing Reading Cambridge Foreign work not requiring registration (17 U.S.C 411(a)) Comprehensive overview of the assessment of reading in a second or foreign language. 9 chapters, 357 pages AL8550 - Second Language Evaluation and Assessment Kim 1 202-270 (69 pages) 19.3% $85.00 (hard) $40 (paper) $10.35 16 ($165.60) Language Assessment (Brown) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Book Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No copyright registration information provided; Work has 413 pages rather than 357 pages; percentage used is 16.7% rather than 19.3%; No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 44 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Fundamental Considerations in Language Testing Oxford Registration request filed with Copyright Office; certificate expected by 4/8/11 Comprehensive overview of measurement, the context that determines the uses of language tests, and the nature of the language abilities to be measured. 8 sections, 360 pages AL8550 - Second Language Evaluation and Assessment Kim 1 81-110 (30 pages) 8.3% $33.95 (paper) $3.60 16 ($60.60) Language Assessment (Brown) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Book Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No copyright registration provided Oxford lacks standing as it has not obtained a copyright registration Work has 420 pages rather than 360; percentage used is 7.1% rather than 8.3% No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) The section 411(a) registration requirement is nonjurisdictional. See Reed Elsevier v. Muchnick, No. 08-103 (U.S. Mar. 2, 2010). Plaintiffs dispute Defendants' calculation of percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. EXHIBIT D - 45 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Language Testing in Practice Oxford Registration request filed with Copyright Office; certificate expected by 4/8/11 Overview of language testing, including bases of language testing, designing language tests, and analyzing data from language tests. 12 chapters (plus additional section with projects), 365 pages AL8550 - Second Language Evaluation and Assessment Kim 3 17-42 43-60 85-94 (54 pages) 14.8% $33.95 (paper) $6.48 16 ($106.68) Language Assessment (Brown) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Book Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No copyright registration provided; Oxford lacks standing as it has not obtained a copyright registration Work has 383 pages rather than 365; Percentage used is 14.1% rather than 14.8%; License provided in book No assignment of copyright to publisher provided (license only) Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Pages of excerpt are not covered by the photocopy license provided in book. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. EXHIBIT D - 46 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Assessing Listening Cambridge Registration request filed with Copyright Office; certificate expected by 4/8/11 Comprehensive overview and analysis of the major areas of listening research, including guidelines for testing. 9 chapters, 257 pages AL8550 - Second Language Evaluation and Assessment Kim 1 116-153 (38 pages) 14.8% $82.00 (hard) $30.00 (paper) $5.70 16 ($106.68) Language Assessment (Brown) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Book Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No copyright registration provided; Cambridge lacks standing as it has not obtained a copyright registration; Work has 293 pages rather than 257; Percentage used is 13.0% rather than 14.8%; No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 47 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Assessing Language for Specific Purposes Cambridge Foreign work not requiring registration (17 U.S.C 411(a)) Original analysis of the implementation of language tests for specific purposes, as opposed to general purpose language tests. 8 chapters, 282 pages AL8550 - Second Language Evaluation and Assessment Kim 1 24-40 (17 pages) 6% $75.00 (hard) $34.00 (paper) $2.55 16 ($43.80) Language Assessment (Brown) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Book Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No copyright registration provided Work has 330 pages rather than 282; Percentage used is 5.2% rather than 6% No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 48 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Comprehensive overview of the research on the assessment of speaking, designed for teachers and language testers. 8 chapters, 191 pages AL8550 - Second Language Evaluation and Assessment Kim 2 59-95 139-169 (68 pages) 35.6% $88.00 (hard) $41.00 (paper) $10.20 16 ($166.20) Language Assessment (Brown) Assessing Speaking Cambridge Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Book Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No copyright registration provided; No deposit copy provided; Defendants are unable to verify page and percentage information; No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) The section 411(a) registration requirement is nonjurisdictional. See Reed Elsevier v. Muchnick, No. 08-103 (U.S. Mar. 2, 2010). Plaintiffs dispute that provision of a "deposit copy" is relevant; work is in Defendants' possession. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 49 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Learning Vocabulary in Another Language Cambridge Registration request filed with Copyright Office; certificate expected by 4/8/11 Detailed survey of the research and theory on the teaching and learning of vocabulary, aimed at providing pedagogical suggestions for both teachers and learners. 11 sections, 431 pages AL8550 - Second Language Evaluation and Assessment Kim 1 344-379 (36 pages) 8.4% $81.00 (hard) $43.00 (paper) $5.40 16 ($89.40) Language Assessment (Brown) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Book Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No copyright registration provided; Cambridge lacks standing as it has not obtained a copyright registration Work has 491 pages rather than 431; Percentage used is 7.3% rather than 8.4% No assignment of copyright to publisher provided (license only) Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 50 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Assessing Vocabulary Cambridge Registration request filed with Copyright Office; certificate expected by 4/8/11 Original analysis on the framework of a vocabulary test to cover a range of procedures for assessing the vocabulary knowledge of second language learners. 8 chapters, 251 pages AL8550 - Second Language Evaluation and Assessment Kim 1 150-187 (38 pages) 15.1% $61.00 (hard) $30.00 (paper) $5.70 16 ($94.20) Language Assessment (Brown) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Book Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No copyright registration provided; Cambridge lacks standing as it has not obtained a copyright registration; Work has 293 pages rather than 251; Percentage used is 13.0% rather than 15.1% No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 51 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Assessing Writing Cambridge Registration request filed with Copyright Office; certificate expected by 4/8/11 Comprehensive overview and analysis of assessing a student's writing abilities. 10 chapters, 244 pages AL8550 - Second Language Evaluation and Assessment Kim 2 77-139 (63 pages) 25.8% $76.00 (hard) $29.00 (paper) $9.45 16 ($154.20) Language Assessment (Brown) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Book Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No copyright registration provided; Cambridge lacks standing as it has not obtained a copyright registration; Work has 282 pages rather than 244; Percentage used is 22.3% rather than 25.8%; No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 52 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): International Health Organisations and Movements, 1918-1939 Cambridge TX 7-274-060 Original research and analysis on international health and welfare organizations based on earlier models. 5 chapters, 325 pages ANTH4440 - Epidemiology and Anthropology McCombie 1 222-43 (22 pages) 6.8% $110 (hard) $3.30 29 ($98.70) Control of Communicable Diseases Manual (Heymann); Rats, Lice and History (Zinssser) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 355 pages rather than 325; percentage used is 5.9% rather than 6.8% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 53 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Evolution of Infectious Disease Oxford TX 4-319-137 Original research and analysis of the role of evolutionary biology in the fight against infectious disease. 11 chapters, 216 pages ANTH4440 - Epidemiology and Anthropology McCombie 1 15-34 (20 pages) 9.3% $170.00 (hard) $60.00 (paper) $2.40 29 ($72.60) Control of Communicable Diseases Manual (Heymann); Rats, Lice and History (Zinssser) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 305 pages rather than 216; Percentage used is 6.6% rather than 9.3%; No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 54 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Evolutionary Medicine Oxford TX 4-260-885 Original research and analysis of medical treatment based on evolutionary theory. 18 chapters, 470 pages ANTH4440 - Epidemiology and Anthropology McCombie 1 245-269 (25 pages) 5.3% $170.00 (hard) $60.00 (paper) $3.00 29 ($90.00) Control of Communicable Diseases Manual (Heymann); Rats, Lice and History (Zinssser) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 494 pages rather than 470; Percentage used is 5.1% rather than 5.3% No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 55 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): A History of Feminist Literary Criticism Cambridge Foreign work not requiring registration (17 U.S.C 411(a)) Comprehensive overview and analysis of feminist literary criticism from the Middle Ages through the present. 17 chapters, 335 pages ENGL4200 - Cyborgs in American Culture (Gabler-Hover) 1 322-335 (14 pages) 4.2% $130.00 (hard) $2.10 30 ($66.00) I, Robot (Asimov); Lilith's Blood (Butler); Do Androids Dream of Electric Sheep (Dick); Neuromancer (Gibson) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No copyright registration provided Work has 364 pages rather than 335; Percentage used is 3.8% rather than 4.2% Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 56 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): The Craft of Inquiry: Theories, Methods, Evidence Oxford TX 4-742-637 Overview of sociological methodology and the relationships between the various approaches to sociological study. 8 chapters, 134 pages EPRS8500 - Qualitative/ Interpretive Research in Education I Kaufmann 1 21-31 (11 pages) 8.2% $32.95 $1.32 21 ($30.72) Qualitative Research for Education (Bogdan & Biklem); The Foundations of Social Research (Crotty); Critical Reading and Writing for Postgraduates (Wallace & Ray) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 185 pages rather than 134; Percentage used is 5.9% rather than 8.2% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 57 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Approaches to Qualitative Research: A Reader on Theory and Practice Oxford TX 5-806-220 Comprehensive overview and analysis of the theoretical underpinnings of qualitative research and applications for practice. 25 chapters, 546 pages EPRS8500 - Qualitative/ Interpretive Research in Education I Kaufmann 1 447-472 (26 pages) 4.8% $92.00 (hard) $49.95 (paper) $3.12 21 ($68.52) Qualitative Research for Education (Bogdan & Biklem); The Foundations of Social Research (Crotty); Critical Reading and Writing for Postgraduates (Wallace & Ray) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 564 pages rather than 546; Percentage used is 4.6% rather than 4.8% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 58 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Handbook of Feminist Research: Theory and Praxis SAGE TX 7-031-746 Original research and analysis discussing feminist approaches to methodology. 43 chapters, 712 pages EPRS8500 - Qualitative/ Interpretive Research in Education I Kaufmann 1 71-106 155-172 515-534 (74 pages) 10.4% $146.00 (hard) $10.50 21 ($223.50) Qualitative Research for Education (Bogdan & Biklem); The Foundations of Social Research (Crotty); Critical Reading and Writing for Postgraduates (Wallace & Ray) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 767 pages rather than 712; Percentage used is 9.6% rather than 10.4% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 59 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Handbook of Narrative Inquiry: Mapping a Methodology SAGE TX 6-512-848 Comprehensive and interdisciplinary overview of the methodology of narrative inquiry. 24 chapters, 650 pages EPRS8500 - Qualitative/ Interpretive Research in Education I Kaufmann 1 35-75 (41 pages) 6.3% $146.00 (hard) $5.74 21 ($123.54) Qualitative Research for Education (Bogdan & Biklem); The Foundations of Social Research (Crotty); Critical Reading and Writing for Postgraduates (Wallace & Ray) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 710 pages rather than 650; percentage used is 5.9% rather than 6.5%; No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 60 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): The SAGE Handbook of Qualitative Research (3rd edition) SAGE TX 6-175-287 Original research and analysis concerning the theory and practice of qualitative inquiry. 44 chapters, 1126 pages EPRS8500 - Qualitative/ Interpretive Research in Education I Kaufmann 8 1-32, 109-138, 357-373, 443-465, 547-557, 733-768 915-932, 959-978 (187 pages) 16.6% $156.00 (hard) $26.18 21 ($552.78) Qualitative Research for Education (Bogdan & Biklem); The Foundations of Social Research (Crotty); Critical Reading and Writing for Postgraduates (Wallace & Ray) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 1229 pages rather than 1126; Percentage used is 17.1% rather than 18.7%; No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 61 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Handbook of Social Theory (2001) SAGE Foreign work not requiring registration (17 U.S.C 411(a)) Original research and analysis concerning the theory and practice of qualitative inquiry. 44 chapters, 1126 pages EPRS8500 - Qualitative/ Interpretive Research in Education I Kaufmann 1 217-228 (12 pages) 2.2% $150.00 (hard) $69.95 (paper) $1.68 21 ($38.28) Qualitative Research for Education (Bogdan & Biklem); The Foundations of Social Research (Crotty); Critical Reading and Writing for Postgraduates (Wallace & Ray) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No copyright registration provided; Work has 564 pages rather than 1126; Percentage used is 2.1% rather than 2.2%; No assignment of copyright to publisher provided (license only) Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. EXHIBIT D - 62 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Theoretical Frameworks in Qualitative Research SAGE TX 6-989-056 Original research and analysis on the role of the theoretical framework in qualitative research through case examples. 10 chapters, 188 pages EPRS8520 - Qualitative Research in Education III Esposito 2 xii-xxx 189-196 (27 pages) 14.4% $51.95 (paper) $3.78 14 ($55.92) Qualitative Data Analysis (Grbich); The Coding Manual for Qualitative Researchers (Saldana) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 237 pages rather than 188; Percentage used is 11.4% rather than 14.4% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 63 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Awakening Children's Minds Oxford TX 5-335-981 Original research and analysis on child-rearing theories and the roles of parents and teachers in children's lives. 7 chapters, 250 pages EPY7090 - Learning and the Learner (Kruger) 1 181-199 200-219 (39 pages) 15.6% $28.00 $2.40 19 ($48.60) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Defendants' Objection(s) to Alleged Infringement Course only taught in Summer semester per Kruger Declaration; Work has 320 pages rather than 250; Percentage used is 12.2% rather than 15.6%; No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 64 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Handbook of Adult Development and Learning Oxford TX 6-934-723 Analysis of the reciprocal relationship between adult development and learning and implications for a new discipline. 22 chapters, 536 pages EPY8070 - Understanding and Facilitating Adult Learning Greenberg 2 52-70 455-475 (40 pages) 7.5% $84.95 $4.80 15 ($75.00) Bringing Transformative Learning to Life (King); Learning in Adulthood (Merriam) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 595 pages rather than 536; Percentage used is 6.7% rather than 7.5% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 65 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Understanding Trauma: Integrating Biological, Clinical and Cultural Perspectives Cambridge TX 7-276-783 Interdisciplinary analysis of the individual and collective response to trauma. 21 chapters, 490 pages EPY8220 - Advanced Developmental Psychology: Personality and Socialization Kruger 1 224-241 (18 pages) 3.7% $110.00 (hard) $35.99 (paper) $2.70 19 ($54.30) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Defendants' Objection(s) to Alleged Infringement Work has 547 pages rather than 490; Percentage used is 3.3% rather than 3.7% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 66 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Language Acquisition and Conceptual Development Cambridge TX 7-274-052 Interdisciplinary analysis of the interaction between language acquisition and early cognition. 19 chapters, 588 pages EPY8960 - Seminar in Educational Psychology Anggoro 1 566-588 (23 pages) 3.9% $140.00 (hard) $53.00 (paper) $3.45 9 ($34.05) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Defendants' Objection(s) to Alleged Infringement Work has 614 pages rather than 588; Percentage used is 3.7% rather than 3.9% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 67 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Book Allegedly Required for Purchase: Television: The Critical View Oxford TX 6-916-933 Interdisciplinary analysis of contemporary issues in television. 4 sections, 35 essays, 716 pages FILM4210 (COMM4210) - Critical History of Broadcasting Petruska 1 70-86 (17 pages) 2.4% $59.95 $2.04 24 ($51.96) Only Connect (Hilmes) Defendants' Objection(s) to Alleged Infringement No deposit copy provided; Defendants are unable to verify page and percentage information Plaintiffs' Response to Objection(s) Plaintiffs dispute that provision of a "deposit copy" is relevant; work is in Defendants' possession. EXHIBIT D - 68 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Book Allegedly Required for Purchase: Film Language: A Semiotics of the Cinema (1974) Oxford A534927 Original analysis of the language of film. 10 chapters, 252 pages FILM4750 - Film Theory and Criticism Barker / Raengo 1 108-148 (41 pages) 16.2% $35.00 $4.92 22 ($111.24) Film Studies (Hill & Gibson) Defendants' Objection(s) to Alleged Infringement No deposit copy provided; Defendants are unable to verify page and percentage information; No assignment of copyright to publisher provided (license only) Should only list Barker, not Barker/Raengo Plaintiffs' Response to Objection(s) Plaintiffs dispute that provision of a "deposit copy" is relevant; work is in Defendants' possession. EXHIBIT D - 69 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Film Theory and Criticism (2004) Oxford TX 5-946-052 Comprehensive survey of critical writings about film. 7 sections, 70 readings, 926 pages FILM4750 - Film Theory and Criticism Barker / Raengo 1 717-726 (10 pages) 1.1% $74.95 $1.20 22 ($29.40) Film Studies (Hill & Gibson) Defendants' Objection(s) to Alleged Infringement Work has 954 pages rather than 926; Percentage used is 1.0% rather than 1.1% Should only list Barker, not Barker/Raengo Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Raengo taught FILM4750 and distributed the work via uLearn. EXHIBIT D - 70 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Film Theory and Criticism: Introductory Readings (1999) Oxford TX 4-830-623 Comprehensive survey of critical writings about film. 7 sections, 80 readings, 864 pages FILM4750 - Film Theory and Criticism Barker / Raengo 4 68-74; 212-215; 345-355; 716-724 (32 pages) 3.7% out of print $3.84 22 ($87.48) Film Studies (Hill & Gibson) Defendants' Objection(s) to Alleged Infringement No deposit copy provided Defendants are unable to verify page and percentage information No assignment of copyright to publisher provided Should only list Barker, not Barker/Raengo Plaintiffs' Response to Objection(s) Plaintiffs dispute that provision of a "deposit copy" is relevant; work is in Defendants' possession. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 71 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: The Cambridge History of China, Volume 8, Part 2 Cambridge TX 7-272-952 Comprehensive overview of the Ming Dynasty. 15 chapters, 986 pages HIST4820 - Cross-Cultural Encounters in World History Gainty 1 272-300 (29 pages) 2.9% $187.00 (hard) $4.35 1 ($7.35) Defendants' Objection(s) to Alleged Infringement Work has 1231 pages rather than 986; Percentage used is 2.4% rather than 2.9% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 72 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Region, Race and Reconstruction Oxford TX 0000949127 Comprehensive historical analysis of the American South. 15 chapters, 450 pages HIST7010 - Issues and Interpretations in American History Davis 1 143-177 (35 pages) 7.8% $29.95 $4.20 17 ($74.40) Manliness and Civilization (Bederman); Nation Among Nations (Bender); Story of American Freedom (Foner); Roll, Jordan, Roll (Genovese); Work, Culture, Society in Industrial America (Gutman); History of American People (Johnson); Known World (Jones); Amusing the Million (Kasson); White Flight (Kruse); American Slavery, American Freedom (Morgan); Wages of Whiteness (Roediger); Blood Done Sign My Name (Tyson); Search for Order 1877-1920 (Wiebe); Radicalism of American Revolution (Wood); Strange Career of Jim Crow (Woodward) Defendants' Objection(s) to Alleged Infringement No deposit copy provided: Defendants are unable to verify page and percentage information Plaintiffs' Response to Objection(s) Plaintiffs dispute that provision of a "deposit copy" is relevant; work is in Defendants' possession. EXHIBIT D - 73 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): The Unpredictable Past: Explorations in American Cultural History Oxford TX 4-640-675 Original analysis of examples of history changing through the lens of the present. 14 chapters, 320 pages HIST7010 - Issues and Interpretations in American History Davis 1 35-58 (24 pages) 7.5% $34.99 $2.88 17 ($51.96) Manliness and Civilization (Bederman); Nation Among Nations (Bender); Story of American Freedom (Foner); Roll, Jordan, Roll (Genovese); Work, Culture, Society in Industrial America (Gutman); History of American People (Johnson); Known World (Jones); Amusing the Million (Kasson); White Flight (Kruse); American Slavery, American Freedom (Morgan); Wages of Whiteness (Roediger); Blood Done Sign My Name (Tyson); Search for Order 1877-1920 (Wiebe); Radicalism of American Revolution (Wood); Strange Career of Jim Crow (Woodward) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 394 pages rather than 320; Percentage used is 6.1% rather than 7.5% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 74 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Original analysis of the Greek perspective on "moral luck". 13 chapters, 421 pages HON1000 - Love: Religious and Philosophical Perspectives Lloyd 1 164-199 (36 pages) 8.6% $130.00 (hard) $36.99 (paper) $5.25 15 ($81.75) The Fragility of Goodness: Luck and Ethics in Greek Tragedy and Philosophy Cambridge Defendants' Objection(s) to Alleged Infringement No copyright registration provided Work has 589 pages rather than 421; Percentage copied is 6.5% rather than 8.6% Plaintiffs' Response to Objection(s) The section 411(a) registration requirement is nonjurisdictional. See Reed Elsevier v. 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EXHIBIT D - 75 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Living Ethics: Across Media Platforms Oxford TX 6-877-035 Interdisciplinary analysis of ethical issues arising across new media platforms. 10 chapters, 305 pages JOUR4800 - Media Ethics & Society Freeman 2 116-121 299-305 (13 pages) 4.3% $69.95 $1.56 19 ($32.64) Ethics in Media Communications (Day) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Book Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No deposit copy provided; Defendants are unable to verify page and percentage information Course is COMM4800 rather than JOUR4800 Plaintiffs' Response to Objection(s) Plaintiffs dispute that provision of a "deposit copy" is relevant; work is in Defendants' possession. 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EXHIBIT D - 76 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): The Organ As a Mirror of Its Time: North European Reflections 1610-2000 Oxford TX 5-586-351 Original analysis of the organ's historical and cultural significance in Northern Europe. 25 chapters, 346 pages MUS8840 - Baroque Music Orr 1 78-91 (14 pages) 4% $65.00 $1.68 18 ($33.24) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Defendants' Objection(s) to Alleged Infringement Work has 392 pages rather than 346; Percentage used is 3.6% rather than 4% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 77 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: North Italian Church Music in the Age of Monteverdi Oxford Foreign work not requiring registration (17 U.S.C 411(a)) Comprehensive analysis of the composer and Venice from 1605-1643. 188 pages** MUS8840 - Baroque Music Orr 1+ 48-61 Unspecified sections (14 + Unspecified sections pages) at least 7.4% $52.00 (out of print) 1.68/+ 18 ($33.24/+) Defendants' Objection(s) to Alleged Infringement No copyright registration provided No deposit copy provided Work has 189 pages rather than 188 No assignment of copyright to publisher provided The unspecified sections for this work were removed from the eRes posting Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute that provision of a "deposit copy" is relevant; work is in Defendants' possession. Plaintiffs dispute Defendants' calculation of pages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. Plaintiffs dispute that the unspecified sections for this work were removed from the eRes posting. EXHIBIT D - 78 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: North German Church Music in the Age of Buxtehude 1996 Oxford Foreign work not requiring registration (17 U.S.C 411(a)) Comprehensive survey of North German church music and its composers. 9 chapters, 224 pages MUS8840 - Baroque Music Orr 1 9-26 (18 pages) 8% $115.00 $2.16 18 ($41.88) Defendants' Objection(s) to Alleged Infringement No copyright registration information provided; Work has 248 pages rather than 224; Percentage used is 7.3% rather than 8%; No assignment of copyright to publisher provided (license only) Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. EXHIBIT D - 79 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Analytical essays on Bach and his music. 15 essays, 250 pages MUS8840 - Baroque Music Orr 1 72-85 (14 pages) 5.6% $60.99 (hard) $31.99 (paper) $2.10 18 ($40.80) The Cambridge Campanion to Bach Cambridge Defendants' Objection(s) to Alleged Infringement No copyright registration provided; Work has 342 pages rather than 250; Percentage used is 4.1% rather than 5.6%; No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) The section 411(a) registration requirement is nonjurisdictional. See Reed Elsevier v. Muchnick, No. 08-103 (U.S. Mar. 2, 2010). Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher EXHIBIT D - 80 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Handbook of Mixed Methods in Social & Behavioral Research SAGE TX 5-614-935 Original research and analysis surveying the differing approaches to using mixed methods. 26 chapters, 784 pages (2002 edition) NURS8035 - Theoretical and Philosophical Foundations for Nursing Moloney 1 541-556 (16 pages) 2% $151.00 (hard) $2.24 14 ($34.36) Perspectives on Philosophy of Science in Nursing (Polifroni); Perspectives on Nursing Theory (Reed); Strategies for Theory Construction in Nursing (Walker) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No deposit copy provided No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute that provision of a "deposit copy" is relevant; work is in Defendants' possession. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. EXHIBIT D - 81 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Crabgrass Frontier: The Suburbanization of the United States Oxford TX 0001688521 Original, interdisciplinary analysis of the American suburbs. 16 chapters, 306 pages PERS2001 - Comparative Culture Lasner 1 246-271 (26 pages) 8.5% $19.95 $3.12 114 ($358.68) Defendants' Objection(s) to Alleged Infringement Work has 405 pages rather than 306; percentage used is 6.4% rather than 8.5% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 82 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): The Politics of Public Housing: Black Women's Struggles Against Urban Inequality Oxford TX 6-033-330 Original overview and analysis of the strengths of affordable public housing from the perspective of poor black women. 6 chapters, 244 pages PERS2001 - Comparative Culture Lasner 1 21-53 (33 pages) 13.5% $25.00 $3.96 114 ($454.44) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Defendants' Objection(s) to Alleged Infringement Work has 306 pages rather than 244; percentage used is 10.8% rather than 13.5% No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. 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Foreign Policy: From Terrorism to Trade SAGE TX 6-906-070, TX 5-445-213, TX 6-181-314 Comprehensive overview and analysis of U.S. foreign policy through recent case examples. 15 chapters, 456 pages POLS3450 - U.S. Foreign Policy Hankla 1 89-121 (33 pages) 7.2% $38.95 (paper) $4.76 48 ($231.48) Promised Land, Crusader State (McDougall); Domestic Sources of American Foreign Policy (Wittkopf) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No deposit copy provided Work has 512 pages rather than 456; percentage used is 6.4% rather than 7.2% No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute that provision of a "deposit copy" is relevant; work is in Defendants' possession. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 84 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): U.S. Foreign Policy: The Paradox of World Power SAGE TX 6-814-128, TX 6-082-538 Original research and analysis discussing the the U.S. as a super-power and its limitations in foreign policy decision making. 12 chapters, 400 pages POLS3450 - U.S. Foreign Policy Hankla 1 153-188 (36 pages) 9% $84.95 (paper) $5.32 48 ($258.36) Promised Land, Crusader State (McDougall); Domestic Sources of American Foreign Policy (Wittkopf) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No deposit copy provided Work has 564 pages rather than 400; Percentage used is 6.4% rather than 9% No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute that provision of a "deposit copy" is relevant; work is in Defendants' possession. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 85 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Democratic Accountability in Latin America Oxford Foreign work not requiring registration (17 U.S.C 411(a)) Comprehensive analysis on improving accountability and governmental effectiveness in Latin America. 10 chapters, 332 pages POLS8250 - Latin American Politics McCoy 1 3-33 (31 pages) 9.3% $74.00 $3.72 12 ($47.64) New Latin American Left (Barrett, Chanet & Rodriguez-Garavito); Leftovers: Tales of Two Latin American Lefts (Castaneda); Third Wave of Democratization in Latin America (Hagopian, Mainwaring); Informal Institutions and Democracy (Helmke); Latin American Democracy (Millett, Holmes, Perez); Latin American Political History (Schneider) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No copyright registration provided Work has 365 pages rather than 332; Percentage used is 8.5% rather than 9.3% No assignment to publisher provided (license only) Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. EXHIBIT D - 86 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Regimes and Democracy in Latin America: Theories and Methods Oxford Foreign work not requiring registration (17 U.S.C 411(a)) Comprehensive analysis on democracy in Latin America. 9 chapters, 246 pages POLS8250 - Latin American Politics McCoy 3 1-24 25-38 39-50 (50 pages) 20.4% $45.00 $6.00 12 ($75.00) New Latin American Left (Barrett, Chanet & Rodriguez-Garavito); Leftovers: Tales of Two Latin American Lefts (Castaneda); Third Wave of Democratization in Latin America (Hagopian, Mainwaring); Informal Institutions and Democracy (Helmke); Latin American Democracy (Millett, Holmes, Perez); Latin American Political History (Schneider) Defendants' Objection(s) to Alleged Infringement No copyright registration provided; Work has 299 pages rather than 246; Percentage used is 16.7% rather than 20.4% Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 87 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Behavior, Society, and Nuclear War, Vol. 1 Oxford TX 2-752-091 Comprehensive analysis of nuclear war and international security. 5 chapters, 354 pages POLS8470 - Military Conflict and International Security Duffield 1 (partial) 8-15 19-48 (38 pages) 10.7% $42.95 $4.56 14 ($66.84) Defendants' Objection(s) to Alleged Infringement Work has 413 pages rather than 354; Percentage used is 9.2% rather than 10.7% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 88 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): A World of Babies: Imagined Childcare Guides for Seven Societies Cambridge TX 7-276-795 Original interdisciplinary analysis of how varying societies care for babies. 8 chapters, 220 pages PSYC4030 - Cross-Cultural Psychology Whitten 1 27 91-112 (23 pages) 10.5% $55.99 (hard) $30.99 (paper) $3.45 13 ($47.85) Culture and Psychology (Matsumoto & Juang) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Book Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 293 pages rather than 220; Percentage used is 7.8% rather than 10.5% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 89 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Dionysus Since 69: Greek Tragedy at the Dawn of the Third Millennium Oxford Foreign work not requiring registration (17 U.S.C 411(a)) Original analysis on the recent appeal of Greek tragedy in modern culture. 15 chapters, 418 pages RELS3950 - Religion, Morality, and Film Ruprecht 1 49-75 (27 pages) 6.5% $49.95 $3.24 43 ($142.32) Pre-Code Hollywood (Doherty); Where the Girls Are (Douglas); Essential Brakhage (McPherson); Essential Deren (McPherson); Morality and Literacy (Ong); Leni Riefenstahl: Memoir (Riefenstahl); Regarding the Pain of Others (Sontag); For Documentary (Vaughan) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No copyright registration provided; Work has 497 pages rather than 418; Percentage used is 5.4% rather than 6.5%; No assignment of copyright to publisher provided (license only) Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. EXHIBIT D - 90 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: The Gendered Society Reader Oxford TX 6-912-360 Interdisciplinary analysis of gender differences. 38 chapters, 606 pages** SOCI3216 - Gender and Society Marni Kahn Brown 2 (plus part of additional chapter) 41-48; 235-260; 478-489 (46 pages) 7.6% $52.95 $5.64 46 ($262.44) Kaleidoscope of Gender (Spade & Valentine) Defendants' Objection(s) to Alleged Infringement No deposit copy provided; Work has 650 pages rather than 606; Percentage copied is 7.1% rather than 7.6%; No assignment of copyright to publisher provided (license only) Plaintiffs' Response to Objection(s) Plaintiffs dispute that provision of a "deposit copy" is relevant; work is in Defendants' possession. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 91 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: The Gendered Society Reader Oxford TX 6-912-360 Interdisciplinary analysis of gender differences. 38 chapters, 606 pages** SOCI3216 - Gender and Society Markle 2 14-25 478-489 (24 pages) 4% $52.95 $2.88 48 ($141.24) Defendants' Objection(s) to Alleged Infringement No deposit copy provided; Work has 650 pages rather than 606; Percentage used is 3.7% rather than 4%; No assignment of copyright to publisher provided (license only) Plaintiffs' Response to Objection(s) Plaintiffs dispute that provision of a "deposit copy" is relevant; work is in Defendants' possession. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 92 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): The Power Elite Oxford TX 6-941-020, A00000236642 Analysis of C. Wright Mills's legendary work accompanied by original discussion. 15 chapters, 362 pages SOCI8030 - Sociological Theory I (Harvey) 2 269-297 298-324 (56 pages) 15.5% $19.95 $6.72 16 ($110.52) Classical Sociological Theory; Social Theory (Goodwin); Social Theory (Kivisto) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 448 pages rather than 362; Percentage used is 12.5% rather than 15.5% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 93 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Social Theory: Roots and Branches Readings (3d edition) Oxford TX 6-895-280 Comprehensive analysis of current sociological theory, including a section on race, ethnicity, and nationalism. 78 chapters, 612 pages SOCI8030 - Sociological Theory I Harvey 4 137-142; 148-163; 473-479; 490-521 (32 pages) 5.2% $64.95 (paper) $3.84 16 ($64.44) Classical Sociological Theory; Social Theory (Goodwin); Social Theory (Kivisto) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No deposit copy provided Work has 640 pages rather than 612; Percentage used is 5.0% rather than 5.2% No assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute that provision of a "deposit copy" is relevant; work is in Defendants' possession. Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 94 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Challenges of the Third Age: Meaning and Purpose in Later Life Oxford TX 5-458-293, TX 5-506-288 Interdisciplinary analysis of finding meaning in life after retirement. 9 chapters, 198 pages SOCI8116 - Sociology of Aging Perkins 1 81-114 (34 pages) 17.2% $30.00 $4.08 16 ($68.28) Communities of Care (Ball); Gender, Social Inequalities and Aging (Calasanti); And a Time to Die (Kaufman); Intersections of Aging (Markson & Sawyer); A Different Shade of Gray (Neuman) Defendants' Objection(s) to Alleged Infringement Work has 216 pages rather than 198; percentage used is 15.7% rather than 17.2%; no assignment of copyright to publisher provided Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that a full assignment of copyright to the publisher is necessary under 17 U.S.C. 501 and that an exclusive license is insufficient. EXHIBIT D - 95 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Neighborhoods and Health Oxford TX 5-744-977 Original research and analysis on how a neighborhood's characteristics affect the health of its residents. 15 chapters, 348 pages SOCI8116 - Sociology of Aging Perkins 1 303-333 (31 pages) 8.9% $65.00 $3.72 16 ($62.52) Communities of Care (Ball); Gender, Social Inequalities and Aging (Calasanti); And a Time to Die (Kaufman); Intersections of Aging (Markson & Sawyer); A Different Shade of Gray (Neuman) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 365 pages rather than 348; percentage used is 8.8% rather than 9.2% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. EXHIBIT D - 96 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Social Determinants of Health Oxford Foreign work not requiring registration (17 U.S.C 411(a)) Comprehensive overview of the social and economic factors known to be the strongest determinants of a population's health in modern society. 16 chapters, 358 pages SOCI8116 - Sociology of Aging Perkins 1 267-295 (29 pages) 8.1% $64.95 $3.48 16 ($58.68) Communities of Care (Ball); Gender, Social Inequalities and Aging (Calasanti); And a Time to Die (Kaufman); Intersections of Aging (Markson & Sawyer); A Different Shade of Gray (Neuman) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement No copyright registration provided; Work has 376 pages rather than 358; percentage used is 8.0% rather than 8.4% Plaintiffs' Response to Objection(s) Plaintiffs dispute that 17 U.S.C. 411(a) requires a registration for non-United States works first published in the United Kingdom. Plaintiffs dispute Defendants' calculation of percentages based on the inclusion of tables of contents, indexes, and other front and back matter. EXHIBIT D - 97 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): The SAGE Handbook of Qualitative Research (2nd edition) SAGE TX 5-220-475 Original research and analysis concerning the theory and practice of qualitative inquiry. 36 chapters, 1065 pages SW8200 - Evaluation and Technology Ohmer 1 803-820 (18 pages) 1.7% $175.00 (hard) (out of print) $2.52 42 ($108.84) SPSS for Social Workers (Blanksby); Program Evaluation (Royse) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: Defendants' Objection(s) to Alleged Infringement Work has 1142 pages rather than 1065; Percentage used is 1.6% rather than 1.7%; No assignment of copyright to publisher provided (license only) Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 98 Exhibit D: Alleged Infringement Fall 2009 Title of Work: Copyright Owner (or Licensee): Copyright Registration Number: Description of Work (incl. # pgs./chs.): Utilization-Focused Evaluation: The New Century Text (3rd edition) SAGE TX 6-990-823, TX 4-435-019 Comprehensive overview of how and why to conduct program evaluations. 15 chapters, 386 pages SW8200 - Evaluation and Technology Ohmer 2 1-38 (38 pages) 9.8% $115.00 (hard) $77.95 (paper) (out of print) Licensing Cost Per Student: Class Size / Licensing Cost for Class: Books Allegedly Required for Purchase: $5.32 42 ($226.44) SPSS for Social Workers (Blanksby); Program Evaluation (Royse) Relevant Course: Instructor: Number of Chapters Used: Page Range Distributed (# pages): Percent Copied: Retail List Price (New): Defendants' Objection(s) to Alleged Infringement Work has 447 pages rather than 386; Percentage used is 8.5% rather than 9.8% Plaintiffs' Response to Objection(s) Plaintiffs dispute Defendants' calculation of pages and percentages based on the inclusion of tables of contents, indices, and other front and back matter. Plaintiffs dispute that the copyright in the work was not assigned to the publisher. EXHIBIT D - 99

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