Textbook Company Files Suit against Independent School District
In May 2016, DynaStudy, Inc. (DynaStudy) filed suit against the Houston Independent School District (HISD) for alleged copyright infringement. A jury verdict was returned after a seven-day trial in May 2019, and DynaStudy was awarded over $9 million in damages.
DynaStudy is a small private company which provides teachers with student study materials and provides many products to schools across Texas and other states. HISD is the largest school district in Texas.
In its complaint, DynaStudy alleged a number of infringements, including that in 2012, a HISD teacher posted a nearly-identical copy of one of DynaStudy’s materials online for anyone to download. DynaStudy further alleged that in 2013 a teacher copied and distributed another study aid without authorization, and with the copyright information removed. Finally, DynaStudy alleged that in 2014, a teacher copied and distributed a full version of student course notes online. All the study materials in question prominently state “COPYING THIS MATERIAL IS STRICTLY PROHIBITED.” DynaStudy alleges copied materials were widely shared among teachers throughout the district.
The complaint claims HISD’s general counsel brushed off DynaStudy’s allegations of infringement, saying there was no wrong-doing. After an initial inquiry, DynaStudy uncovered even more infringing acts by HISD, including covering the notice not to copy the material and subsequently making copies. Over 200 DynaStudy’s works were registered with the U.S. Copyright Office. DynaStudy alleged that HISD’s infringing acts were willful, intentional, purposeful, and in reckless disregard of DynaStudy’s copyrights.
During the course of the litigation, HISD filed a motion to dismiss based on lack of subject matter jurisdiction and failure to state a claim. Only part of the motion as it pertained to one teacher’s acts was granted. Both parties also filed multiple motions for partial summary judgement, all of which were denied by the court.
The seven-day trial ended with a jury verdict finding HISD liable for numerous counts of willful infringement. The court awarded DynaStudy $9.2 million in damages