Copyright Distribution Infringement Discrete from Copying Infringement

Andrew Diversey, a Ph.D. linguistics student at the University of New Mexico (UNM), sued several administrators and members of the Board of Regents for infringing his copyright in his unpublished dissertation.  Without Diversey’s authorization, a draft of his dissertation was deposited at the UMN Zimmerman Library and was sent to ProQuest, UNM’s dissertation publisher.  The district court ruled that Diversey’s claims were barred by the three year statute of limitations.  The Tenth Circuit Court of Appeals distinguished Diversey’s claim for unauthorized copying from his claim for unauthorized distribution and affirmed in part and reversed in part.

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