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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Basic Books, Inc. v. Kinko's Graphics Corp.
S.D.N.Y.,1991.
United States District Court, S.D. New York.
BASIC BOOKS, INC., Harper & Row Publishers, Inc.,
John Wiley & Sons, Inc., McGraw Hill, Inc., Penguin
Books USA Inc., Prentice Hall, Inc., Richard D. Irwin,
Inc., and William Morrow & Co., Inc.
v.
KINKO'S GRAPHICS CORPORATION.
No. 89 Civ. 2807 (CBM).
Oct. 16, 1991.
MOTLEY, District Judge:
*1 This action having been tried by the Court without
a jury, the Honorable Constance Baker Motley, District
Judge, presiding, on September 11-13, 17-19, 1990, and
October 1-3, 1990, and the Court having duly entered an
opinion dated March 28, 1991, with findings of fact and
conclusions of law pursuant to Rule 52 of the Federal
Rules of Civil Procedure, it is
ORDERED AND ADJUDGED that:
1. Defendant Kinko's Graphics Corporation
(“Kinko's”) and its directors, officers, agents, servants,
employees, and attorneys, and all those in active concert
or participation with them who receive actual notice of
this Judgment by personal service or otherwise, are
enjoined from creating, copying, distributing, or selling,
or assisting or participating in creating, copying,
distributing, or selling, any anthology, compilation,
collective work, course packet, or similar collection, to or
for students (hereafter “Anthology or Coursepack”)
containing, without permission in writing or other fixed
medium of expression, a copy of more than one page
from any work in which plaintiffs or any of them now
own or hereafter acquire a copyright or exclusive right
under copyright in the material copied, where

(1) one or more copies of an Anthology or
Coursepack are made on behalf of a college, university,
school, or any department or subdivision of the foregoing,
or any professor, teacher, or teaching assistant; or
(2) one or more copies of an Anthology or
Coursepack are sold or distributed by Kinko's to persons
other than the person at whose request or on whose behalf
the order was placed; or
(3) one or more copies of an Anthology or
Coursepack or the master from which copies have been or
will be made are held by Kinko's in inventory; or
(4) the entity or person enjoined knows or reasonably
should know that the material being copied, distributed or
sold is an Anthology or Coursepack.
2. Kinko's shall cause a copy of this Judgment to be
provided to each person who is now or who becomes in
the next five years: (a) a director or officer of Kinko's or
of Kinko's Service Corporation; (b) a manager of a copy
shop that is now or hereafter becomes licensed by, or
owned in whole or in part, directly or indirectly, through
wholly or partially owned subsidiaries or otherwise, by
Kinko's (“the KGC stores”); (c) an employee of a KGC
store who is authorized to permit the making of copies or
to determine whether permission to copy should be
obtained; and (d) an owner of a copy shop licensed to use
the Kinko's name.
3. Within sixty (60) days of the entry of this
judgment, Kinko's shall certify to the court, and serve on
plaintiffs, a report detailing the measures it has taken to
comply with this Judgment.
4. Plaintiffs are awarded statutory damages from
Kinko's in the amount of $510,000, as follows:

Plaintiff

Statutory Damages

Basic Books, Inc.
Harper Collins Inc., (formerly Harper & Row

H:\PROJECTS\GSU\INJUNCTIONS_POLICIES_BEST PRACTICES\SAMPLE INJUNCTIONS\KINKOS ORDER.RTF

EXHIBIT 2 - 1

Not Reported in F.Supp.
Not Reported in F.Supp., 1991 WL 311892 (S.D.N.Y.), 1991 Copr.L.Dec. P 26,814, 21 U.S.P.Q.2d 1639
(Cite as: Not Reported in F.Supp.)

Publishers, Inc.)
John Wiley & Sons, Inc.
McGraw-Hill, Inc.
Penguin Books USA Inc.
Prentice Hall, Inc.
Richard D. Irwin, Inc.

*2 5. Plaintiffs are awarded reasonable attorneys' fees
and costs in the amount of $1,365,000.
6. The Court shall retain jurisdiction for the purpose
of enforcement of the injunction contained herein.
S.D.N.Y.,1991.
Basic Books, Inc. v. Kinko's Graphics Corp.
Not Reported in F.Supp., 1991 WL 311892 (S.D.N.Y.),
1991 Copr.L.Dec. P 26,814, 21 U.S.P.Q.2d 1639
END OF DOCUMENT

© 2008 Thomson/West. No Claim to Orig. U.S. Govt. Works.

EXHIBIT 2 - 2

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