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Elsevier and Wiley File Copyright Infringement Suit Against Kessler-Hancock Information Services, Inc.


Business Editors & Legal Writers

DANVERS, Mass.--(BUSINESS WIRE)--Nov. 7, 2001

Copyright Clearance Center Copyright Clearance Center (CCC) is a not-for-profit U.S. company based in Danvers, Massachusetts, that provides collective copyright licensing services for corporate and academic users of copyrighted materials.  Coordinates Claims Against Major Document

Delivery Service

Two global publishers today announced the initiation of litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 against Kessler-Hancock Information Services See Information Systems. , Inc., a document delivery service, and its president Brian J. Hancock, for unauthorized photocopying from the publishers' journals for resale to the service's customers. The publishers are Elsevier Science B.V./Elsevier Science S.A. and John Wiley John Wiley may refer to:
  • John Wiley & Sons, publishing company
  • John C. Wiley, American ambassador
  • John D. Wiley, Chancellor of the University of Wisconsin-Madison
  • John M. Wiley (1846–1912), U.S.
 and Sons, Inc. The complaint, filed in federal district court in Boston, alleges that Kessler-Hancock solicits and fills orders for copies of copyrighted materials distributed by the publishers without the publishers' authorizations, and even collects purported copyright fees in connection with the copies without returning them to the copyright holders. Both of the publishers are major producers of scientific, technical and medical materials.

"When an entity uses copyrighted materials without authorization and for its own profit-- and then misrepresents itself as returning royalties to rightsholders--that constitutes an unfair and misleading practice as well as copyright infringement Noun 1. copyright infringement - a violation of the rights secured by a copyright
infringement of copyright

plagiarisation, plagiarization, piracy, plagiarism - the act of plagiarizing; taking someone's words or ideas as if they were your own
," stated Mark Seeley, vice president and general counsel of Elsevier Science.

The complaint includes counts of false advertising for the ways in which Kessler-Hancock represents its business practices.

The matter is being coordinated by Copyright Clearance Center, Inc. (CCC CCC

A very speculative grade assigned to a debt obligation by a rating agency. Such a rating indicates default or considerable doubt that interest will be paid or principal repaid. Also called Caa.
), the largest licenser of text reproduction rights in the world and a licensing agent for both publishers. CCC and its participating rightsholders provide licenses and permissions to many document delivery services and other users of copyrighted materials. In exchange, copyright royalties are collected and then distributed to the appropriate copyright holders.

"Most businesses that use photocopies in the ordinary course of their everyday activities and obtain them through document delivery services expect that the people who produce the copyrighted materials, and not just the copy service, will be compensated for their intellectual property," said Frederic Haber, CCC's general counsel. "Rightsholders who seek to make the permissions process as convenient as possible use CCC to handle the transactions. All the infringed journals named in today's suit were available for permissions through CCC."

"We will continue our ongoing compliance activities and will pursue through court action, as necessary, instances of infringement," said Richard S. Rudick, Wiley's senior vice president and general counsel. "This complaint provides evidence of our efforts to ensure compliance by document delivery organizations, thereby defending our copyrights and helping to maintain a level playing field See net neutrality.  for those organizations interested in complying with copyright law."

About Elsevier Science

Elsevier Science B.V. and Elsevier Science S.A. are units of Elsevier Science (www.elsevier.com), headquartered in Amsterdam, The Netherlands. The company is the world's leading scientific, technical and medical information provider and publishes over 1,400 journals as well as books and secondary databases. It is a member of the Reed Elsevier plc group (www.reedelsevier.com), a world leading publisher and information provider. Reed Elsevier plc is owned equally by Reed International PLC (NYSE NYSE

See: New York Stock Exchange
: RUK RUK Reserviupseerikoulu (Hamina, Finland, Reserve Officers' School)
RUK Are You Kidding?
) and Elsevier NV (NYSE: ENL Noun 1. ENL - an inflammatory complication of leprosy that results in painful skin lesions on the arms and legs and face
erythema nodosum leprosum

Hansen's disease, leprosy - chronic granulomatous communicable disease occurring in tropical and subtropical
).

About Wiley

Founded in 1807, John Wiley & Sons, Inc., provides must-have content and services to customers worldwide. Its core businesses include scientific, technical, and medical journals; encyclopedias, books, and online products and services; professional and consumer books and subscription services; and educational materials for undergraduate and graduate students and lifelong learners. Wiley has publishing, marketing, and distribution centers in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. , Canada, Europe, Asia, and Australia. The company is listed on the New York Stock Exchange New York Stock Exchange (NYSE)

World's largest marketplace for securities. The exchange began as an informal meeting of 24 men in 1792 on what is now Wall Street in New York City.
 under the symbols JWa and JWb. Wiley's recently relaunched Internet site can be accessed at www.wiley.com.

About CCC

Copyright Clearance Center, Inc. is the world's largest licensing agent for text reproduction rights and the provider of many licensing services for reproducing copyrighted materials in print and electronic formats. The company was formed in 1978 to facilitate compliance with U.S. copyright law. CCC currently manages rights relating to relating to relate prepconcernant

relating to relate prepbezüglich +gen, mit Bezug auf +acc 
 over 1.75 million works and represents more than 9,600 publishers and hundreds of thousands of authors and other creators, directly or through their representatives. CCC-licensed customers in the U.S. number over 10,000 corporations and subsidiaries (including 92 of the Fortune 100 companies), as well as thousands of government agencies, law firms, document suppliers, libraries, academic institutions, copy shops and bookstores. CCC can be found on the World Wide Web at www.copyright.com.
COPYRIGHT 2001 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2001, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Nov 7, 2001
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