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)

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).

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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

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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
[phone]
R. Bruce Rich (pro hac vice)
Randi Singer (pro hac vice)
Jonathan Bloom (pro hac vice)
Todd D. Larson (pro hac vice)
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WEIL, GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, New York 10153
Attorneys for Plaintiffs

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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

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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

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