• IP BLAWG

    Agents of Copying

    Beverly A. Berneman
    7/10/18

    Great Minds don’t always think alike when it comes to copyright infringement. %CUT% Great Minds is a company that publishes school books, including a math book. Great Minds licenses use of the book to schools for free as long as it is for strictly non-commercial use. Great Minds uses the Creative Commons non-commercial license for these deals. A school district in New York had FedEx make copies of the book instead of using the school’s copiers and staff. Great Minds sued FedEx for copyright infringement arguing that it licensed the work to the school district and not FedEx. Great Minds tried to distinguish between the school staff making copies and the school ‘jobbing’ out the project to FedEx. In affirming a ruling against Great Minds, the Second Circuit held that there really was no difference between school employees making copies and having FedEx’s copy service making copies. The Court identified FedEx as an agent of the school district. Under pure agency principals, the school district’s license to copy would extend to FedEx.

    Read More
This website uses cookies to enhance your browsing experience and provide you with personalized services. By continuing to use this site, you consent to the use of cookies. See our Terms of Engagement to learn more.
ACCEPT