CHICAGO -- A graduate student's status as joint author of a scholarly
paper shields him from a copyright infringement claim asserted by his professor,
the Seventh Circuit U.S. Court of Appeals ruled Dec. 3 (S.R. Seshadri v.
Masoud Kasraian, et al., No. 97-1610, 7th Cir.).
The panel affirmed the entry of summary judgment for Masoud Kasraian in
an infringement action brought by University of Wisconsin electrical engineering
professor S.R. Seshadri.
(Text of Opinion in Section D. Mealey's Document #16-971215-104.)
The article, entitled "Double-grating thin-film devices based on second-order
Bragg interaction," was published in the Journal of Applied Physics
under Kasraian's name in 1994. Seshadri filed suit in U.S. District Court
for the Western District of Wisconsin, asserting that he was the sole author
of the article and alleging copyright infringement. Moving for summary
judgment, Kasraian asserted joint authorship and argued that as a joint
author, he was entitled to copyright and license the work, subject only
to a duty to account to the coauthor for any profits. Kasraian also alleged
that Seshadri had abandoned any copyright claim he might have had.
The District Court granted Kasraian's motion, finding no question of fact
on the issue of joint authorship in spite of Seshadri's assertion in an
affidavit that he wrote the article and never intended to abandon the copyright.
Seshadri appealed.
Affirming in an opinion by Chief Judge Richard A. Posner, the Seventh Circuit
found the Seshadri affidavit unconvincing in light of the circumstances
of the case.
Specifically, the Seventh Circuit cited the fact that the article was first
submitted to the Journal of Applied Physics in November 1992 under the names
of both Kasraian and Seshadri, with Kasraian's name listed first. Included
with the submission was an agreement signed by both parties assigning the
copyright to the publisher of the journal upon acceptance of the article
for publication. In April 1993, however, Seshadri withdrew the manuscript
from the journal, stating that its preparation "was based on certain
erroneous information given by" Kasraian and asking that Seshadri's
name be deleted from the article. The journal returned the copies of the
manuscript to Seshadri.
Subsequently, Kasraian resubmitted the article to the journal, which agreed
to publish it. Kasraian informed Seshadri that he had inserted an acknowledgement
thanking him for his help in preparing the article; Seshadri responded by
informing Kasraian that he was "not permitted to publish any of my
ideas and words as your own" or to use Seshadri's name. The acknowledgement
was deleted; the article was published with only minor changes from the
November 1992 version.
Citing the parties' course of conduct, the panel said, "Anyone reading
the correspondence between Seshadri and Kasraian would conclude that the
article was indeed a joint work. Seshadri not only submitted it under both
names but listed Kasraian's first, and while K does precede S in the alphabet,
it would be odd for a senior professor to list a graduate student's name
before his own if the student had contributed nothing more to the article
than the usual assistance that a research assistant provides."
Further, the panel said, if errors appeared in the article, "the coauthor
might conceivably have some legal remedy, but it wouldn't be under the Copyright
Act."
While finding it unnecessary to consider the abandonment of copyright allegation,
the panel noted that "this issue could not be resolved on summary judgment
on the basis of the record compiled to date."
Seshadri is represented by Harry E. VanCamp of Louderman, Hayes, VanCamp,
Priester & Schwartz in Madison, Wis. Kasraian is represented by Richard
Briles Moriarty in Madison.