Tag Archives: lawsuits

‘Mockingbird’ author Lee sues over copyright in NY

“Harper Lee, who wrote the Pulitzer Prize-winning novel “To Kill a Mockingbird,” filed a lawsuit Friday to re-secure the copyright to it. The lawsuit filed in federal court in Manhattan seeks unspecified damages from the son-in-law of Lee’s former literary agent and companies he allegedly created.” (via AP)

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Justices say states can limit access to public records

“The U.S. Supreme Court on Monday said states are free to allow public records access only to their own citizens, delivering a blow to freedom of information advocates who had challenged a Virginia law. In a unanimous ruling, the court said two out-of-state men did not have a right to view the documents. Various other states, including Tennessee, Arkansas and Delaware, have similar laws, although some do not enforce them.” (via Reuters)

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LCA Files Brief on Behalf of Georgia State

“The Library Copyright Alliance (LCA) has filed an amicus brief (pdf) in support of Georgia State University in the appeal of Cambridge U. Press et al. v. Mark P. Becker et al. In its brief (pdf), LCA argues that GSU’s e-reserves policy represents the widespread and well-established best practices of fair use that includes limitations to ensure that the use of course materials is fair. The case will be heard by the U.S. Court of Appeals for the 11th Circuit.” (via District Dispatch)

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Judge: No Jury for Penguin in E-book Case

“In an opinion issued this week, Judge Denise Cote shot down Penguin’s request for a jury trial to hear the remaining state and the consumer class action cases against them. “Penguin’s March 15, 2013 motion for a jury trial on the States’ claims is denied,” Cote ordered, holding that it was “clear that Penguin, along with all other litigating parties, knowingly and intentionally waived a jury determination of liability on the States’ claims.” The decision means that, barring a last minute settlement, Penguin will be joining Apple at the defense table on June 3 as the bench trial gets underway in the long-running e-book price fixing case.” (via Publishers Weekly)

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OCUL Statement: Access Copyright vs York University

“The Ontario Council of University Libraries is disturbed by the recent news of a lawsuit which Access Copyright initiated on April 8th against York University. The Canadian Copyright Act was only recently amended. These amendments and recent Supreme Court judgments have guided Ontario universities, including York University, to provide fair dealing guidelines that reflect the existing and reasonable consensus within the education community in response to these legal realities. OCUL agrees with academic colleagues across Canada that it is very regrettable that Access Copyright has chosen this litigious route to question the clarity of the copyright law and the recent jurisprudence. It is also regrettable that we are forced to interpret this as an intimidating tactic to persuade Ontario universities to agree to the Access Copyright license” (via Ontario Council of University Libraries)

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NYC settles suit over seizure of Occupy books

“A settlement was announced Tuesday in a lawsuit filed over the 2011 seizure of the “People’s Library” at the Occupy Wall Street site in Manhattan’s Zuccotti Park. New York City and Brookfield Properties agreed to pay more than $230,000 to settle the lawsuit filed last year in U.S. District Court in Manhattan, according to attorney Norman Siegel. The settlement calls for the city to pay $47,000 for the loss of books and $186,000 in legal fees, said Siegel. About $16,000 will come from Brookfield, owners of Zuccotti Park. (via AP)

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San Francisco Law Library suing over facility size

“Last week’s Board of Supervisors Budget and Finance Committee meeting was a doozy, and not just because each public speaker got two minutes to speak and Supervisor Mark Farrell spent three hours trying to get lawyers to stop talking after their time was up. The reason that 81 people showed up to speak — almost all of them lawyers who are solo practitioners or work for nonprofits — is because they want a larger public Law Library. And straight from the “completely predictable” file, the Law Library is suing to get a larger space.” (via San Francisco Examiner)

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Library Copyright Alliance Statement on Supreme Court Decision in Kirtsaeng v Wiley

“Today the US Supreme Court announced its much-anticipated decision in Kirtsaeng v. Wiley, a lawsuit regarding the bedrock principle of the “first sale doctrine.” The 6-3 opinion is a total victory for libraries and our users. It vindicates the foundational principle of the first sale doctrine—if you bought it, you own it. All who believe in that principle, and the certainty it provides to libraries and many other parts of our culture and economy, should join us in applauding the Court for correcting the legal ambiguity that led to this case in the first place. It is especially gratifying that Justice Breyer’s majority opinion focused on the considerable harm that the Second Circuit’s opinion would have caused libraries.” (via Association of Research Libraries)

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Could the Supreme Court outlaw your library’s right to lend?

“Any day now, the Supreme Court will make a ruling on Kirtsaeng v. John Wiley & Sons, Inc. It is an important case for libraries, which could determine the future of the first sale doctrine, but most librarians probably know nothing about it. This is why I am writing this post, and deliberately choosing to discuss it in simple terms to put the main issues we should be concerned about in clear terms.” (via District Dispatch)

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ARL and CARL Urge Dropping of Remaining Lawsuit against Askey

“Ottawa and Washington—The Association of Research Libraries (ARL) and the Canadian Association of Research Libraries (CARL) commend Edwin Mellen Press’s decision to discontinue its lawsuit against McMaster University and academic librarian Dale Askey. Nevertheless, both associations urge Mr. Richardson, founder and editor of Edwin Mellen Press, to discontinue as well his personal lawsuit against Mr. Askey. By continuing his personal suit against Mr. Askey, ARL and CARL believe that Mr. Richardson is contributing to the same chill on the freedom of expression of librarians as did Edwin Mellen Press when it lodged its suit against Mr. Askey and McMaster University. A librarian who has offered a negative assessment of the products and practices of a publisher should not be subject to intimidation and reprisal from either the publisher or that publisher’s founder.”

via Association of Research Libraries

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