United States Second Circuit

Dismissal of a complaint alleging that defendants breached publishing agreements by paying plaintiff-authors artificially low royalties on the sales of digitized versions of their books is: 1) affirmed in part, where plaintiffs’ first three claims based on agency, assignment, and alter ego theories cannot serve to modify the terms of the Publishing Agreements; but 2) reversed in part and remanded as to the fourth claim, which alleged sufficient facts to plead a breach of the publishing agreements on the theory that defendants calculated plaintiffs' e‐book royalties based on an unreasonable license fee.

Appellate Information

• Decided 05/01/2014
• Published 05/01/2014

Judges

• PARKER

Court

• United States Second Circuit

Counsel