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WELCOME TO THE COPYRIGHT
CLASS ACTION SETTLEMENT WEBSITE
This is an update on the Objectors’ appeal from an order and judgment certifying a class of freelance authors and approving the settlement of their copyright infringement claims arising from the unauthorized reproduction of their works. The Second Circuit panel heard oral argument on March 7, 2007.
On November 29, 2007, the Second Circuit issued its opinion. The Court ruled 2-1 that the District Court lacked jurisdiction to approve a settlement that includes claims concerning unregistered works (the Category C claims). The Second Circuit vacated the certification and settlement approval, and remanded the matter back to the District Court for proceedings consistent with its opinion.
The Second Circuit’s November 29, 2007 opinion (the majority opinion and the dissent) is viewable by clicking here.
Because the parties believed that the Second Circuit’s opinion was incorrect, they asked the Second Circuit to reconsider the opinion and grant another hearing or review it en banc. However, on April 15, 2008, the Second Circuit denied the petition for rehearing or for en banc review. Consistent with the original November 29, 2007 opinion and order, the case has been sent back to the District Court.
The Second Circuit’s April 15, 2008 order is viewable by clicking here.
The parties now intend to file a petition for certiorari to the United States Supreme Court, meaning they intend to ask the Supreme Court to review and reverse the Second Circuit’s November 29, 2007 opinion. The petition was filed on August 13, 2008.
Please monitor this website for a report on the Supreme Court's response, which could take months. |
IMPORTANT INFORMATION REGARDING STATUS OF CLAIMS PROCESSING:
The proposed settlement was granted final approval by the Honorable George B. Daniels of the United States District Court in the Southern District of New York at the Final Fairness Hearing on Tuesday, September 27th, 2005. Click here to review the final signed judgment. On October 21, 2005, the following class members who objected to the settlement appealed the District Court's ruling granting final approval of the settlement: Irvin Muchnick, Charles Schwartz, Abraham Zaleznik, Jack Sands, Todd Pitock, Judith Stacey, Judith Trotsky, Christopher Goodrich, Kathy Glicken, and Anita Bartholomew. As a result of their appeal, the settlement is not final. Until the settlement is final, no claims can be paid.
On November 29, 2007, the Second Circuit Court of Appeals reversed the District Court's decision approving the settlement, ruling that the District Court did not have jurisdiction over the claims involving unregistered works. The parties strongly believe that the appeals court is incorrect in its ruling, and are presently asking the appeals court to reconsider its ruling. We will let you know what the appeals court says when we have a response, which could take several months.
Once the settlement is final, all valid claims will be paid in accordance with the settlement terms. In the event that the objectors' appeal is successful, the settlement will not be final and the case will be sent back to the District Court for further proceedings and/or to resume the litigation in accordance with the appellate court's instructions.
Under the terms of the Settlement Agreement, the database defendants and publishers will have an opportunity to challenge claims that have been made and there will be a dispute resolution process. The parties expect this process to begin in November 2006 and anticipate that the process will take 3-6 months. No payments will be made until the dispute resolution process is completed for all claims and all appeals are resolved.
Please be sure to monitor this website or listen to the recorded announcement at the toll-free number (1-800-330-0516) for updates on the status of the appeal and settlement claims process.
Please visit this site for updates concerning the settlement and the claims process. You may also contact plaintiffs' lead counsel at mboni@bonizack.com, drice@hosielaw.com or ajd@girardgibbs.com.
Thank you for your cooperation, and we apologize for any confusion the June 16 letter may have caused.
THIS SITE PROVIDES THE FOLLOWING INFORMATION:
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