This chapter was edited by Ellen Adams and Amy Kohout, with content contributions by Ellen Adams, Alvita Akiboh, Simon Balto, Jacob Betz, Tizoc Chavez, Morgan Deane, Dan Du, Hidetaka Hirota, Amy Kohout, Jose Juan Perez Melendez, Erik Moore, and Gregory Moore.

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In 1971 editors of Meredith decided to publish a textbook in the field of child development. In order to achieve the widest market for its textbook, Meredith ordered a market research study, and thereby identified Mussen's book as the leading child development text in the field. A subsequent internal memorandum reveals that Meredith selected Mussen to serve as the content model "in terms of topics to be included, weighting of topics, and sequencing of the topics." Meredith next prepared initial detailed chapter outlines of Mussen and then rearranged the outlines, often in haec verba for distribution to freelance writers engaged to prepare the initial draft of the proposed Meredith text. The freelance writers engaged were not professional psychologists and often had no background in psychology whatsoever.[7]

Each writer hired by Meredith was required to furnish a manuscript of each chapter assigned to him within a period of weeks. Meredith's employees then reviewed the manuscripts and were instructed in writing to call the editors' *688 attention to any material omissions or deviations from the Mussen text.[8]

The conscious paraphrasing of Mussen and simultaneous attempt at disguise is revealed in a Meredith memorandum sent to a development editor dealing with the first draft of chapter 10 of the Meredith book. The memorandum notes that a certain discussion of a phenomenon among the Ibo tribe is taken from the Mussen text and states: "can we find another group besides Ibo as this is a dead giveaway?" There was another "dead giveaway." In the Mussen text, numbers appear following certain studies. These numbers enable the read to go to an index at the end of the text and ascertain the author and year of preparation of each such study. One such number was erroneous. The Meredith text uses the same study and names Mussen's "erroneous" author as its source.

The limited participation of Professor Brian Sutton-Smith as "author" of the Meredith book is also significant. He received only a 3% royalty rather than the traditional 15% royalty received by most authors of college textbooks. He did not write the first draft of any chapter of the Meredith book, and had no knowledge of what the writers had done in preparing the first draft. His was but a part-time commitment to the Meredith book which only extended over a six months period.[9]

Professor Sutton-Smith was aware of the manner of the preparation of the materials. Indeed he provided Meredith with the outlines of three Mussen chapters with page references. Further, during his supervisory participation, he wrote in various memoranda to Meredith editors as follows: "In socialization . . . My assumption is that you will follow [Mussen] fairly closely . . ." and "Notes on the adolescent chapter . . . Mussen'[s] material is pretty adequate but could be condensed . . ." and "Social Development . . . Mussen, etc. have good coverage of facts, babbling, smiling, crying and sucking. The put babbling in third chapter. . ."

As to (2), the quantity of the materials used, I conclude on the record before me on this motion for a preliminary injunction, that this is not a case of insignificant copying. It is clear from even a cursory comparison of the some 400 passages from both texts submitted to me that substantial amounts of Mussen have been taken and paraphrased *690 by Meredith.[12] Further, a comparison of the Meredith chapter outlines prepared from Mussen submitted to me demonstrates an extensive taking of the entire structure and topical sequence of Mussen. This is far beyond any copying sanctioned in Rosemont Enterprises, Inc. v. Random House, Inc., 366 F.2d 303 (2nd Cir. 1966) upon which Meredith relies. There the Court stated (p. 310):

I find this first draft of chapter 10 totally unsatisfactory; the major reason being that it is an almost direct paraphrase of MCK [Mussen] and G&O. Guidance and hints from such other books, yes; but copying, no. This writer has got to go. I have not felt the others were like this but did a good job of assimilating a diverse mass of material. But this particular effort has illegal overtones and I will have nothing to do with it. While reading this effort I felt the need for a lawyer. This is not what the enterprise was meant to do. Joe Church was telling me the other day how they had to take action against Psychol Today for a similar copying from their text.

I believe I asked you earlier for a very close watch on this type of paraphrasing. I insist again that one of your workers go through the chapters and give us a sentence count or some such. Whats the good of losing the whole effort because of this sort of behavior.

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