Cambridge University Press et al v. Patton et al

Filing 300

RESPONSE re 279 Order, Proposed Injunctive Relief filed by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Rains, John)

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CAMBRIDGE UNIVERSITY PRESS, et al., Plaintiffs, Civil Action File No.1:08-CV-1425-ODE -vMARK P. BECKER, in his official capacity as Georgia State University President, et al., Defendants. PROPOSED INJUNCTIVE RELIEF In accordance with the Court’s May 2, 2011 Order [Doc. 279], Plaintiffs hereby submit this statement concerning the injunctive relief they seek in this case. 1. Exhibit 1 hereto is Plaintiffs’ proposed order for injunctive relief. 2. For the Court's reference, Plaintiffs also provide copies of the injunctive relief afforded by courts in the following analogous cases involving unauthorized copying and distribution of paper coursepacks to university students: a) The injunction entered by the court in Basic Books, Inc. v. Kinko’s Graphics Corp., NO. 89 CIV. 2807 (CBM), 1991 WL 311892 (S.D.N.Y. Oct. 16, 1991) (Exhibit 2 hereto). 878502.1 b) The injunction entered by the court in Princeton University Press v. Michigan Document Services, Inc., 99 F.3d 1381 (6th Cir. 1996) (Exhibit 3 hereto).1 c) The injunction entered by the court in Addison-Wesley Publishing Co., Inc. v. New York University, No. 82 CIV 8333 (ADS), 1983 WL 1134 (S.D.N.Y. May 31, 1983) (Exhibit 4 hereto). While the injunction addresses future conduct on the part of the campus copy shop defendant, Exhibit C to that consent order is a copy of New York University’s “Policy Statement on Photocopying of Copyrighted Materials for Classroom and Research Use” adopted in response to that litigation, to which NYU also was a defendant. Id. at **5-6. Exhibit 5 hereto is a full copy of the NYU “Policy Statement on Photocopying of Copyrighted Materials for Classroom and Research Use” found in the New York University Faculty Handbook at 107-112 (Exhibit 5), which includes the appendices that are omitted in the court order. In similar fashion to Paragraph III B. of Plaintiffs’ proposed injunction Plaintiffs are in the process of obtaining a signed copy of this injunction from the court’s archives and will file the signed version as soon as possible. 1 878502.1 2 (Exhibit 1), the NYU policy requires permission to be obtained from the copyright owner for the making of multiple copies of a copyrighted work for classroom use unless it meets certain conditions prescribed in the “Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Book and Periodicals,” H.R. Rep. No. 94-1476, 94th Cong., 2nd Sess. 68-70, reprinted in (1976) U.S. Code Cong. & Ad. News 5659, 5682-83. 3. The Court will find a copy of the Classroom Guidelines annexed as Exhibit A to Plaintiffs’ proposed form of injunctive relief (Exhibit 1). Respectfully submitted this 11th day of May, 2011. /s/ John H. Rains IV Edward B. Krugman Georgia Bar No. 429927 John H. Rains IV Georgia Bar No. 556052 Bondurant, Mixson & Elmore, LLP 1201 West Peachtree Street NW Suite 3900 Atlanta, GA 30309 (404) 881-4100 R. Bruce Rich (pro hac vice) Randi Singer (pro hac vice) Jonathan Bloom (pro hac vice) Todd D. Larson (pro hac vice) 878502.1 3 WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York 10153 Attorneys for Plaintiffs 878502.1 4 CERTIFICATE OF COMPLIANCE Pursuant to Local Rule 7.1(D), I hereby certify that this document complies with the font and point selections set forth in Local Rule 5.1. This document was prepared in Times New Roman 14 point font. /s/ John H. Rains IV John H. Rains IV 878502.1 5 CERTIFICATE OF SERVICE I hereby certify that I have this day filed the foregoing PROPOSED INJUNCTIVE RELIEF with the Clerk of Court using the CM/ECF filing system which will send e-mail notification of such filing to opposing counsel as follows: Stephen M. Schaetzel, Esq. Kristen A. Swift, Esq. C. Suzanne Johnson, Esq. Mary Katherine Bates, Esq. KING & SPALDING 1180 Peachtree Street Atlanta, Georgia 30309 Katrina M. Quicker, Esq. BALLARD SPAHR, LLP 999 Peachtree Street, Suite 1000 Atlanta, Georgia 30309 Anthony B. Askew, Esq. McKeon, Meunier, Carlin & Curfman, LLC 817 W. Peachtree Street, Suite 900 Atlanta, GA 30308 Mary Jo Volkert, Esq. Assistant S. Attorney General 40 Capitol Square Atlanta, Georgia 30334 This 11th day of May, 2011. /s/ John H. Rains IV John H. Rains IV 878502.1 6

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