TAA Joins Five Other Author Groups in Support of Respondents in Supreme Court Copyright Case

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?

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Court Certifies Class of Textbook Authors in Class Action Against Cengage

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.

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