Electronic Database Copyright Class Action Settlement

On Jan. 23, 2014, a New York federal judge approved a class action settlement that will resolve a class action lawsuit alleging certain companies violated copyright law by digitally republishing writers’ work without compensation.

On Feb. 24, 2014, a notice was mailed to each name and address that was in the database of the Claims Administrator. If you believe that you filed a claim in response to the 2005 electronic database republishing class action settlement, but have not received a notice that the Claims Administrator has a claim on file for you, you should contact the Claims Administrator.

Who’s Eligible

Class Members of the electronic databases copyright class action lawsuit include all persons who own a copyright under U.S. copyright laws in an English language literary work that, at any time after Aug. 14, 1997, has been reproduced, displayed, sold and/or distributed in an electronic format by at least one of the identified databases or publishers without the person’s authorization.

Potential Award

Varies. Class Members who submitted a claim by the Sept. 30, 2005 deadline will receive compensation based on the type and number of republished works. These works are classified as Category A, B and C works. Authors of Category A works will receive between $875 and $1,500 per work that was registered with the U.S. Copyright Office. Authors of Category B works will receive the greater of $150 or 12.5 percent of the original sale price of the subject work. Authors of Category C works, which are unregistered with the Copyright Office, will receive between $5 and $60 per work.

Proof of Purchase

N/A

Claim Form

Claim Form Deadline

The deadline to submit a claim for the class action settlement has already passed. The Claims Form deadline was Sept. 30, 2005.

Case Name

In re: Literary Works in Electronic Databases Copyright Litigation, MDL No. 1379, in the U.S. District Court for the Southern District of New York.

Case Summary

The literary works republishing class action lawsuit alleges that commercial electronic databases, newspapers and magazines have violated the copyrights of freelance authors. Specifically, the class action lawsuit alleges that after the authors’ works were published in certain print publications with the authors’ permission, those publications then licensed the works without the authors’ permission to the commercial databases for electronic publication, in violation of the copyright laws.

Final Hearing

6/10/2014

Settlement Website

www.CopyrightClassAction.com

Claims Administrator

Literary Works in Electronic Databases Copyright Litigation
c/o GCG
P.O. Box 10032
Dublin, OH 43017-6632
1-877-900-4430
CopyrightSettlement@girardgibbs.com

Class Counsel

Michael J. Boni
BONI & ZACK LLC

Diana S. Rice
HOSIE RICE LLP

A.J. De Bartolomeo
GIRARD GIBBS LLP

Charles Chalmers
ALLEGIANCE LITIGATION

Defense Counsel

Charles S. Sims
PROSKAUER ROSE LLP

UPDATE: A New York federal judge gave final approval to the electronic database republishing class action settlement on June 10, 2014.