University of Chicago Press v. BISI Inc.
In February 2004, The University of Chicago Press, Princeton
University Press, Elsevier Inc., Pearson Education Inc., John
Wiley & Sons Inc. and SAGE Publications filed a copyright
infringement suit against Austin, Texas-based BISI Inc., the owners
and operators of Netpaks, Abel's Copies and Speedway Copying.
The plaintiffs alleged that BISI routinely duplicated and distributed
copyrighted materials, both in print and online, without obtaining
copyright permission and sold them to students for a profit. In
March 2004, the parties reached a settlement in which the defendants
agreed to pay undisclosed damages to the publishers and adopt
compliant business practices going forward.
Princeton University Press v. Michigan Document Services,
Princeton University Press, Macmillan, Inc., and St.
Martin's Press, Inc. brought a copyright infringement action against
Michigan Document Services, Inc. (MDS). The plaintiffs claimed
that MDS infringed on their copyrights when it made multiple copies
of excerpts from various materials provided by university professors,
compiled them into coursepacks and sold the coursepacks to students
for a profit. The district court found that MDS's infringement
was willful and issued an injunction against it. MDS appealed
the district court's decision, defending its copying practices
primarily on the ground that the coursepacks were a fair use of
the copyrighted works. In April, 1996, the Sixth Circuit Court
of Appeals, sitting en banc, upheld the district court, ruling
that coursepack use was not a fair use of the publishers' works.
Basic Books, Inc. v. Kinko's Graphics Corporation
In 1991, eight book publishers sued Kinko's Graphics
Corporation for copyright infringement, alleging that Kinko's
violated their copyrights by photocopying copyright-protected
materials to create university coursepacks. Kinko's unauthorized
copying covered a wide range of materials including text, trade
and professional books. Kinko's argued "fair use" but
the court disagreed. All told, Kinko's paid almost $2 million
in damages, fees and other costs.