The TAA Board approved a new policy on how the association develops position statements relevant to textbook and/or academic authors with the goal of addressing critical issues that affect its members.
The policy states that “Position statements must be aligned with the association’s mission to support textbook and academic authors in the creation of top-quality educational and scholarly works that stimulate the love of learning and foster the pursuit of knowledge.”
TAA’s DEI Committee (CDEI) Chair Laura Frost read a Land and Labor Acknowledgement at the opening session of its 2024 Textbook & Academic Authoring Conference in Nashville, TN on June 21.
“As a member of both TAA’s Board and CDEI, I believe that incorporating land and labor acknowledgments into our diversity, equity, and inclusion (DEI) efforts is a critical step in recognizing the contributions and rights of marginalized groups,” said TAA DEI Committee Member Nicole Dillard. “Land acknowledgments honor the indigenous communities who have historically cared for the land, acknowledging their enduring connection and the injustices they have faced. This practice fosters cultural sensitivity and awareness among our members, promoting a more respectful and inclusive organizational culture. Similarly, labor acknowledgments are equally important as they recognize the diverse contributions of labor, particularly those from underrepresented groups.
On May 9, 2024, the Supreme Court sided with the respondents in a 6-3 decision in favor of an amicus brief filed in the case of Warner Chappell Music, Inc. et. al v. Nealy et. al. “The Court held that, assuming the discovery rule applies, there is no separate three-year limit on the damages a copyright plaintiff can recover under the Copyright Act,” said Attorney Nathan E. Denning, from Wiggin and Dana LLP, who filed the brief.
TAA had joined with five other author groups on the amicus brief, which was filed on January 12, 2024 in support of the respondents, and argued whether under the Copyright Act’s statute of limitations rule, and the “discovery accrual rule” plaintiffs in copyright infringement cases “can recover damages for acts that allegedly occurred more than three years before the filing of a lawsuit.”
The Textbook & Academic Authors Association (TAA) joined with five other author groups to file an amicus brief in support of the respondents in a U.S. Supreme Court lawsuit arguing whether under the Copyright Act’s statute of limitations rule, and the “discovery accrual rule” plaintiffs in copyright infringement cases “can recover damages for acts that allegedly occurred more than three years before the filing of a lawsuit.”
The “discovery rule” means that the statute of limitations starts running from the date the infringement is discovered rather than from the date the infringement occurred. This means that even if a work was infringed 10 years ago, if I discovered it today, I would have the next three years to decide whether to bring a claim. The question in this case is: even if the infringement happened ten years ago and I discovered it today, could I still recover damages for the infringement that occurred ten years ago?
By Zick Rubin and Brenda Ulrich, Archstone Law Group PC
On September 25, 2023, Judge Andrew Carter of the federal district court in New York City certified a class of textbook authors in a class action brought against Cengage Learning (Bernstein v. Cengage Learning, Inc.). The lawsuit alleges that Cengage unfairly apportioned the revenues it received from sales of “MindTap” digital interactive versions of the authors’ texts, arbitrarily allocating to the authors either 50% or 75% of these revenues and reducing royalties accordingly. In the wake of the class certification, lawyers for the authors can proceed to seek reimbursement on a class-wide basis for the allegedly underpaid royalties. The class may consist of hundreds or thousands of authors, and the total claimed underpayment may total many millions of dollars.
The Textbook & Academic Authors Association has signed the American Library Association’s and American Publishing Association’s Freedom to Read Statement,…
