Legal Question in Intellectual Property in California

Re: Term Paper in Published Textbook

Yes you do; feel free to contact us on this. We have members in CA, but that is not necessarily where the matter would need to be handled.

David

Re: Term Paper in Published Textbook

From what you say, it is clear that you have a case for copyright infringement. You should consult an attorney as soon as possible. There is a Statute of Limitations, so don't wait.

You want an Intellctual Property Litigator. I can recomend someoneif you like.

Re: Term Paper in Published Textbook

On the face of it, this seems pretty brazen. Before jumping to too many conclusions, however, I would investigate:

(1) whether your enrollment contract at your undergraduate school assigns copyright to any papers you submit as a student to the school; and

(2) whether the publication constitutes "fair use" - seems doubtful, however, if they published a lengthy paper in its entirety rather than just an abstract. On the other hand, "fair use" is sometimes found where the copyright holder is not monetarily damaged because, as you indicate, you are not exploiting the work commercially, have no plan to do so, and have incurred no provable monetary damages.

In order to litigate a copyright infringement claim under the Federal copyright laws, it is necessary to have a Federal copyright, and not just rely on your common-law rights based on authorship. So, obtaining a copyright would be a first step in pursuing a claim. I doubt that any purported copyright by the publisher would prevent you from establishing your rights upon proof that you were the actual author.

Finally, I think there is a statute of limitations issue here; usually a lawsuit for copyright infringement must be brought within three years from the date the infringing work was published, displayed or distributed.