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Mark Dery on Mon, 6 Jun 2005 06:54:57 +0200 (CEST)


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<nettime> Fw: Notice Of Class Action Settlement In Re Literary Works In


Sent: Tuesday, May 31, 2005 9:36 AM
Subject: Notice Of Class Action Settlement In Re Literary Works In
Electronic Databases Copyright Litigation


SENT BY MARCH 31, 2005 ORDER OF THE COURT,
UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF NEW YORK

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK


IN RE LITERARY WORKS IN ELECTRONIC M.D.L. No. 1379
DATABASES COPYRIGHT LITIGATION


Notice Of Class Action Settlement

TO: AUTHORS AND OTHER PERSONS WHO OWN A COPYRIGHT IN AN ENGLISH LANGUAGE 
LITERARY WORK:

Your Rights May Be Affected By The Litigation And Proposed Settlement
Described In This Notice.  Please Read This Entire Notice Carefully
Regarding Your Rights, Including Any Right You May Have To Share In This
Settlement.

A pending class action lawsuit claims that commercial electronic
databases, newspapers and magazines have violated the copyrights of
freelance authors.  The lawsuit asserts that after freelance authors'
works were published in newspapers, magazines and other print
publications with the authors' permission, those publications then
licensed the works without the authors' permission to the commercial
databases for electronic publication, in violation of the copyright
laws.

A proposed settlement of the lawsuit has been reached on behalf of a
Class of all persons described in Section I.B. below.  If you are a
member of the Class, your rights will be affected by the proposed
settlement.  The purpose of this Notice is to inform you of the
settlement, your legal rights as a member of the Class, and the possible
courses of action available to you.

IF, AFTER YOU HAVE READ THIS NOTICE, YOU HAVE QUESTIONS OR REQUIRE
ASSISTANCE, PLEASE CONTACT THE AUTHORS GUILD AT
HTTP://WWW.AUTHORSGUILD.ORG; OR THE NATIONAL WRITERS UNION AT
HTTP://WWW.NWU.ORG; OR THE AMERICAN SOCIETY OF JOURNALISTS AND AUTHORS
AT HTTP://WWW.ASJA.ORG .

I. The Litigation

A. The Authors' Claims

This lawsuit involves the copyright relationship between freelance
authors, print publications (e.g., newspapers and magazines) and
electronic databases (e.g., LEXIS/NEXIS) in the age of electronic
delivery of literary content.  For years it was industry practice for
freelance authors to sell their works to publications without a written
contract.  It was customary that, for a fee paid to the author, the
author granted to the publisher the first right to publish the work in a
specified edition of the newspaper or magazine, but in all other
respects the author retained copyright ownership to the work.

In the 1980s and early 1990s, when electronic databases such as
LEXIS/NEXIS came into existence, print publishers entered into license
agreements authorizing the databases to copy and sell the first text (or
portions) of the publications, including articles written by freelance
contributors.  (Articles written by the publications' staff writers are
works made for hire and thus are the property of the publications.
Accordingly, staff writers are not included in this litigation.)  The
print publications typically did not obtain the freelance authors'
written permission for this subsequent publication of their works on the
electronic databases. The Plaintiffs listed below and The Authors Guild,
Inc., National Writers Union and American Society of Journalists and
Authors allege that the databases and print publications violated the
freelance authors' copyrights in the electronically reproduced works.
They brought this lawsuit to provide relief to all freelancers. After
nearly three years of difficult and contentious settlement negotiations
mediated by Kenneth R.  Feinberg, the parties reached the settlement
described in this Notice.

The Defense Group (defined below) denies any wrongdoing or liability,
and denies that any member of the Class would be entitled to damages if
the case proceeded to trial. The Court has not ruled on any of the
contentions of the parties.  This Notice should not be understood as an
expression of any opinion by the Court as to the merits of any of the
claims or defenses asserted by either side.

B. The Parties

1. The Class

The Class consists of all persons who own a copyright under the United
States copyright laws in an English language literary work that, at any
time after August 14, 1997, has been reproduced, displayed, sold and/or
distributed in an electronic format (i.e., online, on CD-ROM, or in any
other electronic format) by at least one of the databases or
publications identified at Section I.B.3. below, without the person's
authorization.  The works that are included in this definition and
settlement will be referred to in this Notice as "Subject Works."

IF YOU MEET THESE QUALIFICATIONS, YOU MAY BE INCLUDED IN THE SETTLEMENT 
EVEN
IF:

=B7 Your Subject Works were not registered with the U.S. Copyright
Office.

=B7 Your Subject Works were originally published outside of the U.S.,
but only if they were published in English in an English language
publication.

=B7 You signed a license agreement granting to a publisher .retroactive
electronic rights' to Subject Works that had been previously
electronically published without your permission.   (However, if your
written agreement contained express language waiving or releasing all
copyright infringement claims pertaining to your previously written
Subject Works, and you did not register your previously written Subject
Works with the U.S. Copyright Office, then you may not submit claims for
those Subject Works.)

=B7 You authorized the New York Times Company to electronically publish
your Subject Works pursuant to The Times's Restoration Request Website
or print advertisements shortly after June 25, 2001, when the U.S.
Supreme Court ruled on New York Times v. Tasini.

YOUR SUBJECT WORKS ARE EXCLUDED FROM THE SETTLEMENT IF:

=B7 They were staff works, i.e., works written while you were employed
by the publication(s) that originally published the works; or =B7 You
signed a written license granting the original print publisher the
electronic rights to those works; or

=B7 They were not registered and you signed a written license agreement
that contained a waiver or release against all copyright infringement
claims for those works; or

=B7 They are letter to the editor, scientific and research-oriented
medical journals, non-English language works, or content other than
literary works.

If You Have One Or More Works That Qualify As "Subject Works," And You
Also Have Published Works That Do Not Qualify, You May Participate In
The Settlement, But Only With Respect To The Subject Works.

ATTENTION FOREIGN AUTHORS:

If you own a copyright in a Subject Work published in a country outside
the United States, you are advised to seek advice from an attorney
familiar with the laws of that country to determine whether your
interests would be better served by remaining in the Class and
participating in this settlement or excluding yourself from the Class.

ATTENTION CANADIAN AUTHORS:

There are two copyright infringement class actions pending in Canada on
behalf of freelance authors, among other contributors. The first action
will be referred to in this Notice as "Robertson I" and is captioned
Robertson vs. The Thomson Corporation, Thomas Canada Limited, Thomas
Affiliates, Information Access Company and Bell Globemedia Publishing
Inc. (Ontario (Canada) Superior Court of Justice 96-CU-110595CP).  The
second action will be referred to in this Notice as "Robertson II" and
is captioned Robertson vs. The Gale Group, Inc., Proquest Information
and Learning Company, CEDROM-SNI Inc., Torstar Corporation, Rogers Media
Inc. and Canwest Publications Inc. (Ontario (Canada) Superior Court of
Justice 03-CU-252945CP). Both actions seek damages on behalf of
freelance authors of original literary works that were published in a
newspaper, magazine or other print media in Canada or in a Canadian
edition of a non-Canadian-based publication (collectively "Canadian
Publications"), which have been distributed or communicated to the
public using electronic forms such as electronic databases or CD-rom.
The plaintiff in these actions claims that the defendants (some of whom
are also defendants and publishers participating in this settlement)
have infringed rights under the Canadian Copyright Act by disseminating
copies of such work in electronic form.  IF YOU AUTHORED FREELANCE WORKS
IN A CANADIAN PUBLICATION, YOUR LEGAL RIGHTS MAY BE AFFECTED IN THESE
ACTIONS, AND YOU ARE ENCOURAGED TO READ THIS INFORMATION VERY CAREFULLY.

     Robertson I:

On February 11, 1999, the Ontario Court of Justice granted permission
for this case to proceed as a class action, on behalf of the class
defined above.  IF YOU SUBMIT CLAIMS IN THIS SETTLEMENT FOR WORKS AS
DESCRIBED ABOVE, YOU WILL NOT RELEASE ANY CLAIMS YOU MAY HAVE IN THE
ROBERTSON I ACTION.

     Robertson II:

This proposed Canadian class action was commenced on July 23, 2003, but
has not yet received permission of the Ontario Court to proceed as a
class action. If plaintiff prevails, or if the case settles, the
potential recovery through Robertson II may be greater or less than what
you could receive under this settlement.

The Defendants In Robertson II May Take The Position That If You Do Not
Exclude Yourself From This Settlement, You Will Be Releasing Your Claims
In Robertson II. You Should Therefore Bear This In Mind When Deciding
Whether To Participate In Or Exclude Yourself From This Settlement.

There is a difference of opinion whether the proposed settlement is
satisfactory regarding the Canadian claims. The plaintiffs in the United
States case and their lawyers (identified below) support this
settlement, including as it relates to Canadian claims, and are of the
opinion that:

(a) The claims in Robertson I are unaffected by this settlement.

(b) Robertson II is still in litigation and as with all litigation the
outcome is uncertain. By contrast, the proposed settlement in this
litigation offers freelance authors with works in Canadian Publications
the opportunity to receive certain payments sooner without the risk
associated with litigation.

(c) The proposed settlement in this litigation is fair, reasonable and
adequate for the Class including freelance authors of works first
published in Canadian Publications.  Under United States copyright law
and international copyright treaties, freelance authors of works first
published in Canadian Publications have the right to participate in the
proposed settlement, and the Plan of Allocation described in the full
Notice of Class Action Settlement reflects the differences in the value
and risk of different class members. claims.

Heather Robertson, the plaintiff in the Canadian cases, and her lawyers
(McGowan & Company, Suite 1400, 10 Bay St., Toronto, Ontario, Canada,
M5J 2R8) oppose this settlement as it relates to the Canadian claims and
are of the opinion that:

(a) Under Canadian law the U.S. Court does not have jurisdiction over
Canadian claims, and, if the proposed United States settlement proceeds,
Ms.  Robertson will bring a motion to the Ontario Superior Court of
Justice for an order to that effect.

(b) The proposed United States settlement is against the interests of
the Canadian claimants because, among other things, it treats Canadian
copyrights like unregistered United States copyrights.  The proposed
United States settlement does not properly take into account the fact
that in Canada, unlike the United States, it is not necessary to
register copyrights.

(c) To be certain that the United States settlement does not affect
their rights under Canadian class actions, ALL CANADIAN CLAIMANTS WHO
READ THIS NOTICE SHOULD IMMEDIATELY OPT OUT OF THE UNITED STATES
SETTLEMENT BY GOING ONLINE AT http://www.copyrightclassaction.com.

You may wish to consult your own lawyer for a second opinion.

2. The Representative Plaintiffs And Associational Plaintiffs

The following individuals are serving as Representative Plaintiffs for
the Class: Michael Castleman, E.L. Doctorow, Tom Dunkel, Andrea Dworkin,
Jay 

Feldman, James Gleick, Ronald Hayman, Robert Lacey, Ruth Laney, Paula
McDonald, P/K Associates, Inc., Letty Cottin Pogrebin, Gerald Posner,
Miriam Raftery, Ronald M. Schwartz, Mary Sherman, Donald Spoto, Robert
E.  Treuhaft and Jessica L. Treuhaft Trust, Constance Romilly, TTE,
Robin Vaughan, Robley Wilson, and Marie Winn.  The lawsuit was also
brought by the following authors' rights trade associations:  The
Authors Guild, Inc., The National Writers Union and The American Society
of Journalists and Authors.  The Representative Plaintiffs and
Associational Plaintiffs endorse this settlement and urge class members
to participate in the claims making process.

3. Defendants, The Defense Group, and The Supplemental Participating
Publishers

a. The Defendants

Defendants are in the business of reproducing and selling access to
literary works on electronic databases.  Defendants are (1) the
following commercial electronic databases (referred to in this Notice as
the "Database Defendants"): Reed Elsevier, Inc., which operates
LEXIS/NEXIS; The Thomson Corporation; The Dialog Corporation; The Gale
Group, Inc.; West Publishing Corporation d/b/a West Group; Dow Jones &
Company, Inc.; Dow Jones Reuters Business Interactive, LLC, d/b/a
Factiva; Knight-Ridder, Inc.; Knight Ridder Digital; Mediastream, Inc.;
NewsBank, inc.; ProQuest Information and Learning Company and EBSCO
Industries, Inc.; and (2) the following newspaper publishers:  The New
York Times Company and The Copley Press, Inc,

b. The Participating Publishers

In addition to the defendants, the following newspaper and magazine
companies have signed the Settlement Agreement and committed themselves
to participate in this settlement by contributing funding and
information concerning their freelance authors" works: American Lawyer
Media, Inc., Atlantic Media, Inc., Capital City Press, Capital
Newspapers, Cox Enterprises, Inc., Daily News, L.P., Down Jones &
Company, Inc., Forbes, Inc., Freedom Communications, Inc., Gannett Co.,
Inc., Gruner & Jahr USA Publishing, Hachette Filipacchi Media U.S.,
Inc., Johnson Newspaper, Corp., Knight-Ridder, Inc., Landmark
Communications, Inc., Media General, Inc., Media News, News America,
Incorporated, Newspaper Association of America, NewTimes Media LLC,
NewTimes Media Group, Inc., North Jersey Media Group, Inc., Primedia,
Inc., The Capital Times, The Copley Press, Inc., The Dallas Morning
News, The Hearst Corporation, The McClatchy Company, The Mcgrow-Hill
Companies, Inc., The New York Times Company, The P ress-Enterprise, The
Thomson Corporation, The Washington Post Company, Time, Inc., Tribune
Publishing Company, Wisconsin State Journal, Ziff Davis Media Inc.
(This group will be referred to in this Notice as the "Participating
Publishers.")


The Defendants and the Participating Publishers will be referred to in
this Notice as the "Defense Group."

c. The Supplemental Participating Publishers

Supplemental Participating Publishers are publishers who are not members
of the Defense Group because they did not sign the Settlement Agreement
and agree up front to contribute to the settlement payments, but who,
after the close of the Claims Period (September 30, 2005), will have
agreed to pay claims under the settlement for Subject Works first
published in one of their publications.  A list of all preliminary
Supplemental Participating Publishers is available online at
http://www.copyrightclassaction.com, or may be requested of the Claims
Administrator at 1-800-330-0516.  After all Class members' claims are
processed, such publishers will be asked to pay their share of the claim
amounts.  Those who decline to do so will be "de-listed" Supplemental
Participating Publishers, and no legal claims against them will be
released by the settlement.  However, because the final list of
Supplemental Participating Publishers cannot be made until after the
deadline for excluding yourself from the Class, in deciding whether or
not to exclude yourself, you should base your decision on the assumption
that all publishers on the list will be Supplemental Participating
Publishers, and that the Released Claims will be released against them.
To the extent that certain publishers do not step forward and pay for
valid claims asserted against them, the database defendants will be
paying and released from those claims.  A list of "de-listed" publishers
will be made available on the web sites of the Associational Plaintiffs.

II. The Settlement

The Defense Group has agreed to pay up to $18 million (or more under a
circumstance described below), to compensate authors according to the
Plan of Allocation described in the next section.

The Settlement Agreement provides that the litigation will be dismissed
and that the Defense Group will be released from liability to all people
who fall within the definition of the Class and who do not timely
exclude themselves from the Class.

A. Plan of Allocation of the Settlement Fund

PLEASE NOTE THAT COPYRIGHT REGISTRATION IS NOT A PREREQUISITE TO 
RECOVERY.

Each class member who submits a timely, valid Proof of Claim will
receive a cash distribution Settlement Payment, which will be calculated
as follows:

1. Category A Subject Works.  For each Subject Work you registered with
the United States Copyright Office (a) before any infringement after the
Subject Work was first published, or (b) within three months after first
publication of the work, you will receive:

$1,500 for each of the first fifteen Subject Works written for any one
publisher; $1,200 for each of the second fifteen Subject Works written
for that publisher; and $875 for each Subject Work written for that
publisher after the first thirty.

2. Category B Subject Works.  If you registered your Subject Work before 
December 31, 2002, but after any infringement of the work and more than
three months after the first publication of the Subject Work, you will
receive, per Subject Work, the greater of  $150 or 12.5% of the original 
sale price of the Subject Work.

3. Category C Subject Works.  For all other Subject Works (including
Subject Works that were never registered), you will receive, per Subject
Work:

$60 for each Subject Work originally sold for $3,000 or more;
$50 for each Subject Work originally sold for $2,000 to $2,999;
$40 for each Subject Work originally sold for $1,000 to $1,999;
$25 for each Subject Work originally sold for $250 to $999;
The greater of $5 or 10% of the original price of the Subject Work for 
all other works.

4. Reduced Payments For Older Subject Works.  For Subject Works created
before January 1, 1995, payments in Categories B and C above shall be
reduced based on the years in which the Subject Work was created as
follows:

Subject Works created in 1985-1994:  a 5% reduction for each year
beginning in 1994 and continuing through 1985, so that payments for
Subject Works created in 1994 will be reduced by 5%; payments for
Subject Works created in 1993 will be reduced by 10%, and so on until
works created in 1985 (payments reduced by 50%).

Subject Works created before 1985:  Payments reduced by 50%.

5. Rights With Respect to the Future Electronic Use of Your Subject
Works.

 Valid claims will be awarded a single payment for the past infringement
and for the future electronic use of the Subject Works. Plaintiffs
consider that 65% of each Settlement Payment is compensation for past
infringement, and 35% is compensation for future electronic use by the
Database Defendants and original publisher of the Subject Works.  You
may choose not to grant the rights to future use.  If you do choose not
to grant the right to future electronic use, your Subject Works will be
removed from the databases, and you will receive 65% of the Settlement
Payment.  You will not be able to prevent the continued electronic use
of unregistered Subject Works (meaning "Category C" Subject Works under
the Plan of Allocation) if you signed a written agreement granting the
electronic rights to your present and past Subject Works for that
publication.  If you signed such an agreement, then you are only
eligible to receive the amount allocated for past infringement with
respect to that Subject Work, i.e., 65% of the Settlement Payment.

6. Other Plan of Allocation Provisions.

a. The Defense Group has agreed to pay a minimum of $10 million under
the settlement, to be applied to valid claims and all fees and expenses,
all of which must be Court-approved.  If the sum of all such amounts is
less than $10 million, then the remainder of the $10 million will be
distributed pro rata to those claimants whose Subject Works were first
published after 1977 and were reproduced, distributed, displayed or
transmitted by a Database 

Defendant.

b. If the claims for the Subject Works that were first published after
1977 and/or that were reproduced, distributed, displayed or transmitted
by a Database Defendant, together with all fees and costs, total $18
million or less, then all claims for all Subject Works will be paid in
full, even if the total of all Settlement Payments, i.e., including
Settlement Payments for Subject Works first published prior to 1978
and/or that were not reproduced, distributed, displayed or transmitted
by a Database Defendant, together with approved fees and costs, exceeds
$18 million.

c. If the claims for the Subject Works that were first published after
1977 and that were reproduced, distributed, displayed or transmitted by
a Database Defendant ("Post 1977 Claims"), together with all fees and
costs, exceed $18 million, then (i) beginning with Category C claims,
and then, only if necessary, the Category B and Category A claims will
be reduced pro rata by the remaining amount that the total Post 1977
Claims exceeds $18 million as compared to the total amount of Post 1977
Claims for that category; and (ii)  the remaining claims (i.e., claims
for Subject Works first published prior to 1978 and/or that were not
reproduced, distributed, displayed or transmitted by a Database
Defendant ("Pre 1978 Claims")) will, beginning with Category C claims,
and then, only if necessary, Category B and Category A claims each be
reduced pro rata by the same percentage as the corresponding Post 1977
category claims were reduced, if at all.

The reason that the claims for the Subject Works first published after
1977 and reproduced, distributed, displayed or transmitted by a Database
Defendant are valued higher than the claims for Subject Works first
published prior to 1978 or that were not reproduced, distributed,
displayed or transmitted by a Database Defendant is that plaintiffs have
concluded that the former claims would have a higher likelihood of
success if the case were to go to trial than the latter claims.

B. Proof of Claim

Attached to this notice is a Proof of Claim.  The Proof of Claim is also
available at http://www.copyrightclassaction.com and may be completed
online or copied and submitted by mail.  You should submit only one
Proof of Claim (which can cover all your eligible works).  The Proof of
Claim must be returned to the Claims Administrator by submitting it
online or postmarking it on or before September 30, 2005.  Only class
members who submit a valid, timely Proof of Claim will be eligible to
receive a Settlement Payment.

You may be required to provide further information at a later date
concerning your claim. You should keep all of your records that contain
information pertaining to any of the Subject Works you published since 
1978.

C. Attorneys' Fees and Costs; Special Award to the Representative 
Plaintiffs

Class Counsel have devoted substantial time and resources to this
litigation over the course of more than four years.  Class Counsel have
pursued this litigation on behalf of the Class without having received
any compensation, or assurance of any compensation, or reimbursement for
expenses, for their services rendered.  At the hearing on final
settlement approval, Class Counsel will seek approval of an award of
attorneys' fees in the amount of $3,825,000, and reimbursement of their
reasonable costs, which, as of this date, are slightly above $500,000.
Class Counsel will also seek approval of a special award for the
Representative Plaintiffs in the amount of $2,000 each, in recognition
of their efforts in this action.  The Defense Group does not oppose the
payment of these fees, costs and special awards, all of which are
subject to Court approval.

D. Release and Disclaimer

If approved, the settlement will bar and release each and every claim of
any class members, whether arising under federal, state, or foreign law,
that has been or could have been asserted in this lawsuit against every
member of the Defense Group, every Supplemental Participating Publisher,
and all their past, present, and future parents, predecessors,
subsidiaries, affiliates, and divisions, and all of their respective
officers, directors, owners, partners, governors, employees, agents,
nominees, successors, assigns, legal representatives and licensees, with
respect to any and all of the Subject Works in every electronic or
digital format, including but not limited to all claims arising out of
the same facts as their claims of copyright infringement, past, present,
or future, known or unknown, and all claims with respect to the
electronic reproduction, distribution, display, license, sale or
adaptation of Subject Works to or by the Defense Group or Supplemental
Participating Publisher s.

However:

1. Only claims for past infringement are hereby released with respect to 
Subject Works that class members elect to have removed or not restored.
2. Only claims concerning Subject Works are being released.
3. Subject Works that class members do not elect to have removed or not
restored may be displayed electronically only by the Database Defendants
and by the Participating or Supplemental Participating Publisher(s) that
have allegedly infringed those Works, and no other Participating or
Supplemental Participating Publisher is released from any claims
pertaining to the reproduction, distribution, display, sale, license or
adaptation of those Subject Works.
4. No claims shall be released with respect to works that have not, on
or prior to the date of this Agreement, been reproduced, distributed,
displayed or transmitted by any Defense Group member.
5. No claims shall be released based on retaliation for participating
in, objecting to, or opting out of the settlement, or for exercising
your right not to permit the future electronic use of your Subject
Works.
6. None of the claims of class members who timely exclude themselves
from the Class shall be released or in any other way adversely affected
by the Settlement.
7. No claims shall be released that are also compensable in Robertson I.

III. How To Remain In The Class

If you are a member of the Class, you need not do anything if you desire
to remain a member of the Class.  If you choose to remain in the Class,
your rights in this litigation will be represented by the Representative
Plaintiffs and Class Counsel.  You will receive the benefits of the
settlement if approved by the Court (and if you timely submit a valid
Proof of Claim) and your claims against the Defense Group will be
released and will be dismissed by the Court.  If you remain in the
Class, you will be bound by any judgment or determination of the Court
in connection with the settlement, whether favorable or unfavorable.
You will not be personally responsible for any attorneys' fees or costs
in the litigation, unless you retain your own counsel.  Any attorneys'
fees and costs will be paid, pursuant to Court approval, out of the
settlement funds.  If you wish, you may enter an appearance through your
own counsel at your own expense.  If you desire to be represented by
your own counsel , you must advise the Court of this request by filing
an Entry of Appearance in writing by first class mail, postage prepaid,
postmarked on or before 

July 15, 2005, and you must serve a copy on the attorneys listed at
Section VI.4. below, and on Charles S. Sims, Proskauer Rose LLP, 1585
Broadway, New York, NY 10036-8299, counsel for defendant Reed Elsevier,
Inc.

IV. How To Be Excluded From The Class

You may exclude yourself from the Class upon specific written notice,
provided your notice is mailed by first class mail, postage prepaid, on
or before July 15, 2005 to the Claims Administrator, whose address is
listed below in Section VI.  The postmark will determine the time of
mailing.  You may also exclude yourself online at
http://www.copyrightclassaction.com, on or before July 15, 2005. You
need not state your reason for requesting exclusion.  However, your
request for exclusion must be signed by an authorized person, must state
that you wish to be excluded from the Class, and must specifically state
the name and address of the class member requesting exclusion.  If you
exclude yourself online, you must complete all requested fields.

If you exclude yourself from the Class, you will not be eligible to
share in the settlement proceeds should the Settlement Agreement be
approved.  You will, however, have the right to bring a case on your own
behalf.

V. Hearing On Final Approval Of Settlement

A hearing will be held on July 28, 2005 at 10:00 a.m. in Courtroom 618
of the United States District Court Southern District of New York,
United States Courthouse, 40 Centre Street, New York, NY 10007, for the
purpose of determining whether the proposed settlement is fair, adequate
and reasonable and should be approved by the Court. At the hearing, the
Court will also consider related matters, including the fairness of the
proposed Plan of Allocation and the application for attorneys' fees and
reimbursement of expenses and for a special award to the Representative
Plaintiffs.  Although not necessary, you are entitled to appear and be
heard at the hearing.  The time and date of the hearing may be
rescheduled by the Court without further notice.  If you desire to
remain in the Class and participate in the settlement and submit a
claim, you are not required to do anything further at the present time.

If you remain in the Class, you have the right to object to any or all
of the proposed settlement, including the entry of final judgment
dismissing the litigation with prejudice, the request for Class
Counsel's attorneys' fees and costs and the request for a special award
to the Representative Plaintiffs.  If you wish to object to the
settlement, you must follow these instructions: (1) You must appear at
the hearing in person or, if you are represented by an attorney, your
attorney must appear in person and demonstrate why the settlement or any
part of the settlement should not be approved as fair, reasonable and
adequate and why a final judgment dismissing all claims against the
Defense Group with prejudice should not be entered; (2) On or before
July 15, 2005, you must file with the Court a notice of intention to
appear and a statement of your objection or position to be asserted and
the grounds for your objection, together with copies of any supporting
papers or briefs, and you mus t serve a copy of such papers by first
class mail on the attorneys listed at Section VI.4. below, and on
Charles S. Sims, Proskauer Rose LLP, 1585 Broadway, New York, NY
10036-8299, counsel for defendant Reed Elsevier, Inc.  If you do not
wish to object to the Settlement Agreement, it is not necessary to
appear at the hearing.

Unless you object as provided in this Notice, you will not be entitled
to contest the terms and conditions of the settlement, including the
application for attorneys' fees and costs and the application for a
special award, and persons who fail to object as provided shall be
deemed to have waived and shall be forever foreclosed from raising any
such objections.

VI. Additional Information

1. You are requested to preserve all of your records relating to your
Subject Works.

2. The Claims Administrator is:

The Garden City Group, Inc.
P.O. Box 9000 #6250
Merrick, NY  11566-9000
1(800) 330-0516
http://www.copyrightclassaction.com

3. If you have any questions, or if you change your address or if this
Notice was not mailed to your correct address, you should notify the
Claims Administrator.  If the Claims Administrator does not have your
correct address, you may not receive your Settlement Payment or notice
of important developments in this class action.

4. Any questions that you have concerning the matters contained in this
Notice may also be directed in writing to any of the following Co-Lead
Counsel for plaintiffs and the Class:

* Michael J. BoniKohn, Swift & Graf, P.C.One South Broad Street, Suite 
2100 Philadelphia, PA  19107-3389 mboni {AT} kohnswift.com

* Diane S. Rice Hosie, Frost, Large & McArthur Spear Street Tower, 22nd
Floor One Market Street San Francisco, CA 94105 drice {AT} hosielaw.com

* A. J. De Bartolomeo Girard Gibbs & De Bartolomeo LLP 601 California 
St., Suite 1400 San Francisco, CA 94108 ajd {AT} girardgibbs.com

5. The pleadings and other records in this litigation may be examined
and copied during regular office hours at the Office of the Clerk, J.
Michael McMahon, U.S. District Court for the Southern District of New
York, 500 Pearl Street, New York, NY 10007.

PLEASE DO NOT TELEPHONE OR ADDRESS ANY INQUIRIES TO THE COURT.

Dated: March 31, 2005

BY ORDER OF THE COURT:
Honorable George B. Daniels,
United States District Judge
for the Southern District of New York


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