Cole Schotz Secures Total Victory for DynaStudy in Copyright Suit Against Houston Independent School District

Cole Schotz P.C. secured a total victory for DynaStudy, Inc. in a copyright infringement lawsuit against the Houston Independent School District in the U.S. District Court for the Southern District of Texas. A jury concluded on May 23 that the Houston Independent School District, through its employees, willfully infringed on the educational publishing company’s copyrights to 36 products. The jury also found that the Houston Independent School District violated the Digital Millennium Copyright Act for its creation and/or distribution of copies of 17 of DynaStudy’s DynaNotes student course notes. The verdict amount totaled $9,203,750.

The Houston Independent School District had contended that four of DynaStudy’s copyrighted works were not infringed because they fell under the “fair use” doctrine and argued that three of the copyrights were invalid because the educational publishing company knowingly included inaccurate information in its applications for federal registration of those copyrights. The Cole Schotz team successfully convinced the jury that the copyrights were valid and fair use did not apply.

The Cole Schotz team that represented DynaStudy consisted of member Gary Sorden and associate Timothy Craddock, and was aided by Mandi Phillips of Klemchuk LLP and by DeFacto Trialworks.

As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.

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