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Give Me Liberty or Give Me an Injunction

A Sports Psychologist Files Suit against a University for Alleged Infringement of a Book Passage

On January 2, 2020, sports psychologist Dr. Keith Bell ("Bell") filed suit against Liberty University ("Liberty") for alleged infringement of Bell's intellectual property. We previously reported on similar cases filed by Bell; you can find those articles here, here, here and here.

According to the complaint, Bell is "an internationally recognized sports psychology and performance consultant" who "has authored and has published 10 books and over 80 articles relating to sports psychology and . . . performance." The alleged infringement relates to a book Bell wrote in 1981 entitled Winning Isn't Normal (the "Work").

Bell claims that Liberty reproduced and displayed a specific passage from the Work (the "WIN Passage") without a license or permission. In the complaint, Bell claims that Liberty posted the WIN Passage in January 2017, and that the WIN Passage was subsequently copied by at least one coach employed by Liberty, and was copied to a website and/or social media account associated with Liberty.

Bell asserts that the WIN Passage is the heart of his work. He further states that he "has offered and continues to offer licenses at fair and reasonable rates to others who wish to publish or otherwise use the popular WIN Passage."

Bell is seeking, among other things, an injunction prohibiting Liberty from further use of the Work and/or the WIN Passage. Furthermore, Bell is seeking damages, including statutory damages, and reasonable attorneys fees.