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D'You Think It's Infringement?

Professors Allege that D'Youville College Has Continued to Use Their Copyrighted Materials and Personas without Permission after Firing Them

On September 6, 2021, a group of six academics (collectively the "Professors") brought suit against their former employer, D'Youville College and its partners JBCN Education, Inc. and Chalkboard School Solutions, LLP (collectively the "College"). The allegations leveled against the College include copyright infringement, violation of the right of privacy, false designation of origin, deceptive business acts and practices, unjust enrichment, and/or fraudulent inducement.

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The Professors' complaint explains that in 2017, the Professors, who then comprised the full-time faculty of the College's Education Department, were tasked with creating a curriculum and materials (the "Work") that would enable the College to offer a Masters in Education degree (the "Program").

The Professors were apparently led to believe that creating the Work would provide them with job security by increasing the revenue associated with their department. According to the complaint, pursuant to a College agreement, materials created by D'Youville faculty during the course of their employment are owned by those faculty members; therefore, the Work that the Professors created is owned by them as joint authors and not by the College. The complaint includes as an exhibit, the Copyright Registration for the Work.

In September of 2018, shortly after the launch of the College's partnerships that were to administer the Program, each of the six Professors was terminated from employment with the College. The Professors allege that following this termination, the College has continued to use materials from the Work in its course offerings without the permission of the Professors. These uses have purportedly included violations of rights of reproduction, distribution, display, and preparation of derivative works. A chart summarizing which materials have been used in which College courses is included with the complaint as an exhibit.

The Professors also claim that the College has, without authorization, continued to list the Professors as faculty in its directories and has used their names, images, and likenesses in promotional materials for the Program and the College's associated educational services. These uses have occurred in materials published as recently as August 25, 2021.

In all, the complaint asserts that the College's actions have allowed it to benefit at the Professors' expense, have deprived the Professors of employment income that they deserve, and have misled users and potential users of the College's programs and services. According to the complaint, these actions add up to constitute the causes of action listed above. The Professors accordingly seek damages and injunctive relief to be determined in a jury trial.

The College has not yet filed an answer to the complaint, but we will provide updates after they become available.