Leading College Publishers Awarded Summary Judgment in Copyright Infringement Suit
Publishers McGraw-Hill Education, Pearson Education, Inc., John Wiley & Sons, Inc., and Cengage Learning, Inc. today announced a favorable ruling and damages award in a copyright infringement case against two online booksellers. Jun Liao and Zhengshu Gu. The publishers’ lawsuit alleged that Liao and Gu engaged in the illegal importation, promotion and sale within the United States of foreign edition textbooks manufactured by the publishers for distribution only in certain overseas territories.
In the written opinion, Judge Sidney H. Stein of the US District Court for the Southern District of New York granted the publishers’ motion for summary judgment, and ruled that the “first sale” doctrine does not protect persons who purchase for resale within the United States foreign editions manufactured by the publishers outside of the US. In so holding, Judge Stein relied in part on the US Supreme Court decision in Quality King v. L’anza. “…[B]ecause a first sale defense only applies to the sale of copies that are ‘lawfully made under this title,’ 17 U.S.C. § 109(a), the resale in the United States of copies manufactured outside the United States is not protected under the terms of the statute.”
The summary judgment in favor of the publishers includes an award of over $125,000 in statutory damages and permanently enjoins the defendants from further infringing the publishers’ copyrights.
This lawsuit demonstates the publishers’ ongoing commitment to combatting illegal importation of restricted foreign editions, which unlawful importation infringes the publishers’ copyrights and trademarks, cheats authors of their due compensation for their efforts, and stifles creativity and innovation.
About McGraw-Hill Education
McGraw-Hill Education is a leading global provider of print and digital instructional, assessment and reference solutions that empower professionals and students of all ages. McGraw-Hill Education has offices in 33 countries and publishes in more than 40 languages. Additional information is available at www.mheducation.com.
About Pearson Education, Inc.
Pearson (NYSE: PSO) is the global leader in educational publishing, assessment, information and services, helping people of all ages to learn at their own pace, in their own way. The company is home to such respected brands as Scott Foresman, Prentice Hall, PowerSchool, Addison Wesley, Allyn & Bacon, Longman and many others. Pearson’s comprehensive offerings help inform targeted instruction and intervention so that success is within reach of every student. Pearson’s other primary businesses include the Financial Times Group and the Penguin Group. For more information, go to www.pearson.com.
About John Wiley & Sons, Inc.
Founded in 1807, Wiley has been a valued source of information and understanding for 200 years, helping people around the world meet their needs and fulfill their aspirations. Since 1901, Wiley and its acquired companies have published the works of more than 350 Nobel laureates in all categories: Literature, Economics, Physiology or Medicine, Physics, Chemistry and Peace. Our core businesses publish scientific, technical, medical and scholarly journals, encyclopedias, books, and online products and services; professional/trade books, subscription products, training materials, and online applications and websites; and educational materials for undergraduate and graduate students and lifelong learners. Wiley’s global headquarters are located in Hoboken, New Jersey, with operations in the U.S., Europe, Asia, Canada, and Australia. The Company’s website can be accessed at www.wiley.com. The Company is listed on the New York Stock Exchange under the symbols JWa and JWb.
About Cengage Learning, Inc.
Cengage Learning delivers highly customized learning solutions for colleges, universities, professors, students, libraries, government agencies, corporations and professionals around the world. These solutions are delivered through specialized content, applications and services that foster academic excellence, professional development, and measurable learning outcomes. Cengage Learning’s existing company and imprint brands include Heinle, Gale, Wadsworth, Delmar Learning, Brooks/Cole and South-Western, among others. For more information on Cengage Learning please visit www.cengage.com.