Category Archives: Section 1.125

S 01.125

3 responses to “S 01.125”

  1. Charles Petit, a US lawyer, has suggested on his site Scrivener’s Error that these plaintiffs fail tests both of typicality and commonality of interests when considered as representatives of the settlement sub-class ‘author’. (I believe I am summarizing his remarks accurately.) Following on from his comments, I note that three are writers of popular non-fiction, one is a children’s author, and one is a poet and literary critic. Petit gives a longish list of categories of author not represented among the group. I note additionally that every one of the five plaintiffs was born in the USA, works in the USA, and has published mainly or exclusively in the USA. There is no representative here of authors from outside the USA, though the ‘settlement class’ comprehends a very large number of non-US authors.

  2. The plaintiffs, if pressed, would likely argue that having the Authors Guild and AAP in the room expanded the range of authors and publishers represented. One’s view of that claim likely depends on one’s view of the AG and AAP.

    Also, the current draft of our amicus brief questions the adequacy of the named plaintiffs as representatives of the subclass of orphan works owners.

  3. Gillian Spraggs says:

    The plaintiffs, if pressed, would likely argue that having the Authors Guild and AAP in the room expanded the range of authors and publishers represented.

    I have commented here on the fact that only authors who have been published ‘by an established American publisher’ are eligible for membership of the Authors Guild: this excludes the very large numbers of foreign authors, myself included, who have never published a book in the USA, yet who find ourselves made members of the settlement class.

Representative Plaintiffs” means the following Persons, who, subject to Court approval, represent the Author Sub-Class: Paul Dickson, Joseph Goulden, Daniel Hoffman, Betty Miles, and Herbert Mitgang, Maureen Duffy, Daniel Jay Baum, Margaret Drabble and Robert Pullan; and the following Persons, who, subject to Court approval, represent the Publisher Sub-Class: The McGraw-Hill Companies, Inc., Pearson Education, Inc., Penguin Group (USA) Inc., Simon & Schuster, Inc., and John Wiley & Sons, Inc., Harlequin Enterprises Limited, Macmillan Publishers Limited, Melbourne University Publishing Limited and The Text Publishing Company.

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