Of possible interest in connection with Peter Herman's suggestions or
questions regarding copyright and remuneration. Journals and presses sell
the rights to electronic data bases. I have written articles and books,
but I own the copyright to none of them; the presses and journals do,
having granted me only the right to reprint under my own name. Read the
following appendage in this light--one sent to me by the organization that
looks out for royalties on photo-copying. The authors' guild in this
country is ever so much less powerful than that in Britain.

Where the problem occurs is that we are paid some royalty for printed
re-publication. In my experience, we are not paid for electronic
publication, since we (perhaps blithely) have signed away our rights in
standard press contracts?

Judith

---------- Forwarded message ----------
Date: Tue, 31 May 2005 09:36:34 -0400
From: Settlement Administrator <[log in to unmask]>
To: [log in to unmask]
Subject: Notice Of Class Action Settlement In Re Literary Works In Electronic
     Databases Copyright Litigation

SENT BY MARCH 31, 2005 ORDER OF THE COURT,
UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF NEW YORK

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK


IN RE LITERARY WORKS IN ELECTRONIC M.D.L. No. 1379
DATABASES COPYRIGHT LITIGATION


  Notice Of Class Action Settlement

TO: AUTHORS AND OTHER PERSONS WHO OWN A COPYRIGHT IN AN ENGLISH LANGUAGE
LITERARY WORK:

Your Rights May Be Affected By The Litigation And Proposed Settlement Described
In This Notice. Please Read This Entire Notice Carefully Regarding Your
Rights, Including Any Right You May Have To Share In This Settlement.

A pending class action lawsuit claims that commercial electronic databases,
newspapers and magazines have violated the copyrights of freelance authors.
The lawsuit asserts that after freelance authors' works were published in
newspapers, magazines and other print publications with the authors'
permission, those publications then licensed the works without the authors'
permission to the commercial databases for electronic publication, in violation
of the copyright laws.

A proposed settlement of the lawsuit has been reached on behalf of a Class of
all persons described in Section I.B. below. If you are a member of the Class,
your rights will be affected by the proposed settlement. The purpose of this
Notice is to inform you of the settlement, your legal rights as a member of the
Class, and the possible courses of action available to you.

IF, AFTER YOU HAVE READ THIS NOTICE, YOU HAVE QUESTIONS OR REQUIRE ASSISTANCE,
PLEASE CONTACT THE AUTHORS GUILD AT HTTP://WWW.AUTHORSGUILD.ORG; OR THE
NATIONAL WRITERS UNION AT HTTP://WWW.NWU.ORG; OR THE AMERICAN SOCIETY OF
JOURNALISTS AND AUTHORS AT HTTP://WWW.ASJA.ORG .

I. The Litigation

A. The Authors' Claims

This lawsuit involves the copyright relationship between freelance authors,
print publications (e.g., newspapers and magazines) and electronic databases
(e.g., LEXIS/NEXIS) in the age of electronic delivery of literary content. For
years it was industry practice for freelance authors to sell their works to
publications without a written contract. It was customary that, for a fee paid
to the author, the author granted to the publisher the first right to publish
the work in a specified edition of the newspaper or magazine, but in all other
respects the author retained copyright ownership to the work.

In the 1980s and early 1990s, when electronic databases such as LEXIS/NEXIS
came into existence, print publishers entered into license agreements
authorizing the databases to copy and sell the first text (or portions) of the
publications, including articles written by freelance contributors. (Articles
written by the publications' staff writers are works made for hire and thus are
the property of the publications. Accordingly, staff writers are not included
in this litigation.) The print publications typically did not obtain the
freelance authors' written permission for this subsequent publication of their
works on the electronic databases. The Plaintiffs listed below and The Authors
Guild, Inc., National Writers Union and American Society of Journalists and
Authors allege that the databases and print publications violated the freelance
authors' copyrights in the electronically reproduced works. They brought this
lawsuit to provide relief to all freelancers. After nearly th!
  ree years of difficult and contentious settlement negotiations mediated by
Kenneth R. Feinberg, the parties reached the settlement described in this
Notice.

The Defense Group (defined below) denies any wrongdoing or liability, and
denies that any member of the Class would be entitled to damages if the case
proceeded to trial. The Court has not ruled on any of the contentions of the
parties. This Notice should not be understood as an expression of any opinion
by the Court as to the merits of any of the claims or defenses asserted by
either side.

B. The Parties

1. The Class

The Class consists of all persons who own a copyright under the United States
copyright laws in an English language literary work that, at any time after
August 14, 1997, has been reproduced, displayed, sold and/or distributed in an
electronic format (i.e., online, on CD-ROM, or in any other electronic format)
by at least one of the databases or publications identified at Section I.B.3.
below, without the person's authorization. The works that are included in this
definition and settlement will be referred to in this Notice as "Subject
Works."

IF YOU MEET THESE QUALIFICATIONS, YOU MAY BE INCLUDED IN THE SETTLEMENT EVEN
IF:

  · Your Subject Works were not registered with the U.S. Copyright
Office.

  · Your Subject Works were originally published outside of the
U.S., but only if they were published in English in an English language
publication.

  · You signed a license agreement granting to a publisher
.retroactive electronic rights' to Subject Works that had been previously
electronically published without your permission. (However, if your written
agreement contained express language waiving or releasing all copyright
infringement claims pertaining to your previously written Subject Works, and
you did not register your previously written Subject Works with the U.S.
Copyright Office, then you may not submit claims for those Subject Works.)

  · You authorized the New York Times Company to electronically
publish your Subject Works pursuant to The Times's Restoration Request Website
or print advertisements shortly after June 25, 2001, when the U.S. Supreme
Court ruled on New York Times v. Tasini.

YOUR SUBJECT WORKS ARE EXCLUDED FROM THE SETTLEMENT IF:

  · They were staff works, i.e., works written while you were
employed by the publication(s) that originally published the works; or

  · You signed a written license granting the original print
publisher the electronic rights to those works; or

  · They were not registered and you signed a written license
agreement that contained a waiver or release against all copyright infringement
claims for those works; or

  · They are letter to the editor, scientific and research-oriented
medical journals, non-English language works, or content other than literary
works.

If You Have One Or More Works That Qualify As "Subject Works," And You Also
Have Published Works That Do Not Qualify, You May Participate In The
Settlement, But Only With Respect To The Subject Works.

ATTENTION FOREIGN AUTHORS:

If you own a copyright in a Subject Work published in a country outside the
United States, you are advised to seek advice from an attorney familiar with
the laws of that country to determine whether your interests would be better
served by remaining in the Class and participating in this settlement or
excluding yourself from the Class.

ATTENTION CANADIAN AUTHORS:

There are two copyright infringement class actions pending in Canada on behalf
of freelance authors, among other contributors. The first action will be
referred to in this Notice as "Robertson I" and is captioned Robertson vs. The
Thomson Corporation, Thomas Canada Limited, Thomas Affiliates, Information
Access Company and Bell Globemedia Publishing Inc. (Ontario (Canada) Superior
Court of Justice 96-CU-110595CP). The second action will be referred to in
this Notice as "Robertson II" and is captioned Robertson vs. The Gale Group,
Inc., Proquest Information and Learning Company, CEDROM-SNI Inc., Torstar
Corporation, Rogers Media Inc. and Canwest Publications Inc. (Ontario (Canada)
Superior Court of Justice 03-CU-252945CP). Both actions seek damages on behalf
of freelance authors of original literary works that were published in a
newspaper, magazine or other print media in Canada or in a Canadian edition of
a non-Canadian-based publication (collectively "Canadian Publication!
  s"), which have been distributed or communicated to the public using
electronic forms such as electronic databases or CD-rom. The plaintiff in these
actions claims that the defendants (some of whom are also defendants and
publishers participating in this settlement) have infringed rights under the
Canadian Copyright Act by disseminating copies of such work in electronic form.
IF YOU AUTHORED FREELANCE WORKS IN A CANADIAN PUBLICATION, YOUR LEGAL RIGHTS
MAY BE AFFECTED IN THESE ACTIONS, AND YOU ARE ENCOURAGED TO READ THIS
INFORMATION VERY CAREFULLY.

       Robertson I:

On February 11, 1999, the Ontario Court of Justice granted permission for this
case to proceed as a class action, on behalf of the class defined above. IF
YOU SUBMIT CLAIMS IN THIS SETTLEMENT FOR WORKS AS DESCRIBED ABOVE, YOU WILL NOT
RELEASE ANY CLAIMS YOU MAY HAVE IN THE ROBERTSON I ACTION.

       Robertson II:

This proposed Canadian class action was commenced on July 23, 2003, but has not
yet received permission of the Ontario Court to proceed as a class action. If
plaintiff prevails, or if the case settles, the potential recovery through
Robertson II may be greater or less than what you could receive under this
settlement.

The Defendants In Robertson II May Take The Position That If You Do Not Exclude
Yourself From This Settlement, You Will Be Releasing Your Claims In Robertson
II. You Should Therefore Bear This In Mind When Deciding Whether To Participate
In Or Exclude Yourself From This Settlement.


There is a difference of opinion whether the proposed settlement is
satisfactory regarding the Canadian claims. The plaintiffs in the United States
case and their lawyers (identified below) support this settlement, including as
it relates to Canadian claims, and are of the opinion that:

(a) The claims in Robertson I are unaffected by this settlement.

(b) Robertson II is still in litigation and as with all litigation the
outcome is uncertain. By contrast, the proposed settlement in this litigation
offers freelance authors with works in Canadian Publications the opportunity to
receive certain payments sooner without the risk associated with litigation.

(c) The proposed settlement in this litigation is fair, reasonable and
adequate for the Class including freelance authors of works first published in
Canadian Publications. Under United States copyright law and international
copyright treaties, freelance authors of works first published in Canadian
Publications have the right to participate in the proposed settlement, and the
Plan of Allocation described in the full Notice of Class Action Settlement
reflects the differences in the value and risk of different class members.
claims.

Heather Robertson, the plaintiff in the Canadian cases, and her lawyers
(McGowan & Company, Suite 1400, 10 Bay St., Toronto, Ontario, Canada, M5J 2R8)
oppose this settlement as it relates to the Canadian claims and are of the
opinion that:

(a) Under Canadian law the U.S. Court does not have jurisdiction over
Canadian claims, and, if the proposed United States settlement proceeds, Ms.
Robertson will bring a motion to the Ontario Superior Court of Justice for an
order to that effect.

(b) The proposed United States settlement is against the interests of the
Canadian claimants because, among other things, it treats Canadian copyrights
like unregistered United States copyrights. The proposed United States
settlement does not properly take into account the fact that in Canada, unlike
the United States, it is not necessary to register copyrights.

(c) To be certain that the United States settlement does not affect their
rights under Canadian class actions, ALL CANADIAN CLAIMANTS WHO READ THIS
NOTICE SHOULD IMMEDIATELY OPT OUT OF THE UNITED STATES SETTLEMENT BY GOING
ONLINE AT http://www.copyrightclassaction.com.

You may wish to consult your own lawyer for a second opinion.

2. The Representative Plaintiffs And Associational Plaintiffs

The following individuals are serving as Representative Plaintiffs for the
Class: Michael Castleman, E.L. Doctorow, Tom Dunkel, Andrea Dworkin, Jay
Feldman, James Gleick, Ronald Hayman, Robert Lacey, Ruth Laney, Paula McDonald,
P/K Associates, Inc., Letty Cottin Pogrebin, Gerald Posner, Miriam Raftery,
Ronald M. Schwartz, Mary Sherman, Donald Spoto, Robert E. Treuhaft and Jessica
L. Treuhaft Trust, Constance Romilly, TTE, Robin Vaughan, Robley Wilson, and
Marie Winn. The lawsuit was also brought by the following authors' rights
trade associations: The Authors Guild, Inc., The National Writers Union and
The American Society of Journalists and Authors. The Representative Plaintiffs
and Associational Plaintiffs endorse this settlement and urge class members to
participate in the claims making process.

3. Defendants, The Defense Group, and The Supplemental Participating
Publishers

a. The Defendants

Defendants are in the business of reproducing and selling access to literary
works on electronic databases. Defendants are (1) the following commercial
electronic databases (referred to in this Notice as the "Database Defendants"):
Reed Elsevier, Inc., which operates LEXIS/NEXIS; The Thomson Corporation; The
Dialog Corporation; The Gale Group, Inc.; West Publishing Corporation d/b/a
West Group; Dow Jones & Company, Inc.; Dow Jones Reuters Business Interactive,
LLC, d/b/a Factiva; Knight-Ridder, Inc.; Knight Ridder Digital; Mediastream,
Inc.; NewsBank, inc.; ProQuest Information and Learning Company and EBSCO
Industries, Inc.; and (2) the following newspaper publishers: The New York
Times Company and The Copley Press, Inc,

b. The Participating Publishers

In addition to the defendants, the following newspaper and magazine companies
have signed the Settlement Agreement and committed themselves to participate in
this settlement by contributing funding and information concerning their
freelance authors" works: American Lawyer Media, Inc., Atlantic Media, Inc.,
Capital City Press, Capital Newspapers, Cox Enterprises, Inc., Daily News,
L.P., Down Jones & Company, Inc., Forbes, Inc., Freedom Communications, Inc.,
Gannett Co., Inc., Gruner & Jahr USA Publishing, Hachette Filipacchi Media
U.S., Inc., Johnson Newspaper, Corp., Knight-Ridder, Inc., Landmark
Communications, Inc., Media General, Inc., Media News, News America,
Incorporated, Newspaper Association of America, NewTimes Media LLC, NewTimes
Media Group, Inc., North Jersey Media Group, Inc., Primedia, Inc., The Capital
Times, The Copley Press, Inc., The Dallas Morning News, The Hearst Corporation,
The McClatchy Company, The Mcgrow-Hill Companies, Inc., The New York Times
Comp!
  any, The Press-Enterprise, The Thomson Corporation, The Washington Post
Company, Time, Inc., Tribune Publishing Company, Wisconsin State Journal, Ziff
Davis Media Inc. (This group will be referred to in this Notice as the
"Participating Publishers.")


The Defendants and the Participating Publishers will be referred to in this
Notice as the "Defense Group."

c. The Supplemental Participating Publishers

Supplemental Participating Publishers are publishers who are not members of the
Defense Group because they did not sign the Settlement Agreement and agree up
front to contribute to the settlement payments, but who, after the close of the
Claims Period (September 30, 2005), will have agreed to pay claims under the
settlement for Subject Works first published in one of their publications. A
list of all preliminary Supplemental Participating Publishers is available
online at http://www.copyrightclassaction.com, or may be requested of the
Claims Administrator at 1-800-330-0516. After all Class members' claims are
processed, such publishers will be asked to pay their share of the claim
amounts. Those who decline to do so will be "de-listed" Supplemental
Participating Publishers, and no legal claims against them will be released by
the settlement. However, because the final list of Supplemental Participating
Publishers cannot be made until after the deadline for excluding your!
  self from the Class, in deciding whether or not to exclude yourself, you
should base your decision on the assumption that all publishers on the list
will be Supplemental Participating Publishers, and that the Released Claims
will be released against them. To the extent that certain publishers do not
step forward and pay for valid claims asserted against them, the database
defendants will be paying and released from those claims. A list of
"de-listed" publishers will be made available on the web sites of the
Associational Plaintiffs.

II. The Settlement

The Defense Group has agreed to pay up to $18 million (or more under a
circumstance described below), to compensate authors according to the Plan of
Allocation described in the next section.

The Settlement Agreement provides that the litigation will be dismissed and
that the Defense Group will be released from liability to all people who fall
within the definition of the Class and who do not timely exclude themselves
from the Class.

A. Plan of Allocation of the Settlement Fund

PLEASE NOTE THAT COPYRIGHT REGISTRATION IS NOT A PREREQUISITE TO RECOVERY.

Each class member who submits a timely, valid Proof of Claim will receive a
cash distribution Settlement Payment, which will be calculated as follows:

1. Category A Subject Works. For each Subject Work you registered with
the United States Copyright Office (a) before any infringement after the
Subject Work was first published, or (b) within three months after first
publication of the work, you will receive:

$1,500 for each of the first fifteen Subject Works written for any one
publisher;
$1,200 for each of the second fifteen Subject Works written for that publisher;
and
$875 for each Subject Work written for that publisher after the first thirty.

2. Category B Subject Works. If you registered your Subject Work before
December 31, 2002, but after any infringement of the work and more than three
months after the first publication of the Subject Work, you will receive, per
Subject Work, the greater of $150 or 12.5% of the original sale price of the
Subject Work.

3. Category C Subject Works. For all other Subject Works (including
Subject Works that were never registered), you will receive, per Subject Work:

$60 for each Subject Work originally sold for $3,000 or more;
$50 for each Subject Work originally sold for $2,000 to $2,999;
$40 for each Subject Work originally sold for $1,000 to $1,999;
$25 for each Subject Work originally sold for $250 to $999;
The greater of $5 or 10% of the original price of the Subject Work for all
other works.

4. Reduced Payments For Older Subject Works. For Subject Works created
before January 1, 1995, payments in Categories B and C above shall be reduced
based on the years in which the Subject Work was created as follows:

Subject Works created in 1985-1994: a 5% reduction for each year beginning in
1994 and continuing through 1985, so that payments for Subject Works created in
1994 will be reduced by 5%; payments for Subject Works created in 1993 will be
reduced by 10%, and so on until works created in 1985 (payments reduced by
50%).

Subject Works created before 1985: Payments reduced by 50%.

5. Rights With Respect to the Future Electronic Use of Your Subject Works.

  Valid claims will be awarded a single payment for the past infringement and
for the future electronic use of the Subject Works. Plaintiffs consider that
65% of each Settlement Payment is compensation for past infringement, and 35%
is compensation for future electronic use by the Database Defendants and
original publisher of the Subject Works. You may choose not to grant the
rights to future use. If you do choose not to grant the right to future
electronic use, your Subject Works will be removed from the databases, and you
will receive 65% of the Settlement Payment.
You will not be able to prevent the continued electronic use of unregistered
Subject Works (meaning "Category C" Subject Works under the Plan of Allocation)
if you signed a written agreement granting the electronic rights to your
present and past Subject Works for that publication. If you signed such an
agreement, then you are only eligible to receive the amount allocated for past
infringement with respect to that Subject Work, i.e., 65% of the Settlement
Payment.

6. Other Plan of Allocation Provisions.

a. The Defense Group has agreed to pay a minimum of $10 million under the
settlement, to be applied to valid claims and all fees and expenses, all of
which must be Court-approved. If the sum of all such amounts is less than $10
million, then the remainder of the $10 million will be distributed pro rata to
those claimants whose Subject Works were first published after 1977 and were
reproduced, distributed, displayed or transmitted by a Database Defendant.

b. If the claims for the Subject Works that were first published after
1977 and/or that were reproduced, distributed, displayed or transmitted by a
Database Defendant, together with all fees and costs, total $18 million or
less, then all claims for all Subject Works will be paid in full, even if the
total of all Settlement Payments, i.e., including Settlement Payments for
Subject Works first published prior to 1978 and/or that were not reproduced,
distributed, displayed or transmitted by a Database Defendant, together with
approved fees and costs, exceeds $18 million.

c. If the claims for the Subject Works that were first published after
1977 and that were reproduced, distributed, displayed or transmitted by a
Database Defendant ("Post 1977 Claims"), together with all fees and costs,
exceed $18 million, then (i) beginning with Category C claims, and then, only
if necessary, the Category B and Category A claims will be reduced pro rata by
the remaining amount that the total Post 1977 Claims exceeds $18 million as
compared to the total amount of Post 1977 Claims for that category; and (ii)
the remaining claims (i.e., claims for Subject Works first published prior to
1978 and/or that were not reproduced, distributed, displayed or transmitted by
a Database Defendant ("Pre 1978 Claims")) will, beginning with Category C
claims, and then, only if necessary, Category B and Category A claims each be
reduced pro rata by the same percentage as the corresponding Post 1977 category
claims were reduced, if at all.

The reason that the claims for the Subject Works first published after 1977 and
reproduced, distributed, displayed or transmitted by a Database Defendant are
valued higher than the claims for Subject Works first published prior to 1978
or that were not reproduced, distributed, displayed or transmitted by a
Database Defendant is that plaintiffs have concluded that the former claims
would have a higher likelihood of success if the case were to go to trial than
the latter claims.

B. Proof of Claim

Attached to this notice is a Proof of Claim. The Proof of Claim is also
available at http://www.copyrightclassaction.com and may be completed online or
copied and submitted by mail. You should submit only one Proof of Claim (which
can cover all your eligible works). The Proof of Claim must be returned to the
Claims Administrator by submitting it online or postmarking it on or before
September 30, 2005. Only class members who submit a valid, timely Proof of
Claim will be eligible to receive a Settlement Payment.

  You may be required to provide further information at a later date
concerning your claim. You should keep all of your records that contain
information pertaining to any of the Subject Works you published since 1978.

C. Attorneys' Fees and Costs; Special Award to the Representative
Plaintiffs

Class Counsel have devoted substantial time and resources to this litigation
over the course of more than four years. Class Counsel have pursued this
litigation on behalf of the Class without having received any compensation, or
assurance of any compensation, or reimbursement for expenses, for their
services rendered. At the hearing on final settlement approval, Class Counsel
will seek approval of an award of attorneys' fees in the amount of $3,825,000,
and reimbursement of their reasonable costs, which, as of this date, are
slightly above $500,000. Class Counsel will also seek approval of a special
award for the Representative Plaintiffs in the amount of $2,000 each, in
recognition of their efforts in this action. The Defense Group does not oppose
the payment of these fees, costs and special awards, all of which are subject
to Court approval.

D. Release and Disclaimer

If approved, the settlement will bar and release each and every claim of any
class members, whether arising under federal, state, or foreign law, that has
been or could have been asserted in this lawsuit against every member of the
Defense Group, every Supplemental Participating Publisher, and all their past,
present, and future parents, predecessors, subsidiaries, affiliates, and
divisions, and all of their respective officers, directors, owners, partners,
governors, employees, agents, nominees, successors, assigns, legal
representatives and licensees, with respect to any and all of the Subject Works
in every electronic or digital format, including but not limited to all claims
arising out of the same facts as their claims of copyright infringement, past,
present, or future, known or unknown, and all claims with respect to the
electronic reproduction, distribution, display, license, sale or adaptation of
Subject Works to or by the Defense Group or Supplemental Participating!
   Publishers.


However:

  1. Only claims for past infringement are hereby released with
respect to Subject Works that class members elect to have removed or not
restored.
  2. Only claims concerning Subject Works are being released.
  3. Subject Works that class members do not elect to have removed
or not restored may be displayed electronically only by the Database Defendants
and by the Participating or Supplemental Participating Publisher(s) that have
allegedly infringed those Works, and no other Participating or Supplemental
Participating Publisher is released from any claims pertaining to the
reproduction, distribution, display, sale, license or adaptation of those
Subject Works.
  4. No claims shall be released with respect to works that have
not, on or prior to the date of this Agreement, been reproduced, distributed,
displayed or transmitted by any Defense Group member.
  5. No claims shall be released based on retaliation for
participating in, objecting to, or opting out of the settlement, or for
exercising your right not to permit the future electronic use of your Subject
Works.
  6. None of the claims of class members who timely exclude
themselves from the Class shall be released or in any other way adversely
affected by the Settlement.
  7. No claims shall be released that are also compensable in
Robertson I.

III. How To Remain In The Class

If you are a member of the Class, you need not do anything if you desire to
remain a member of the Class. If you choose to remain in the Class, your
rights in this litigation will be represented by the Representative Plaintiffs
and Class Counsel. You will receive the benefits of the settlement if approved
by the Court (and if you timely submit a valid Proof of Claim) and your claims
against the Defense Group will be released and will be dismissed by the Court.
If you remain in the Class, you will be bound by any judgment or determination
of the Court in connection with the settlement, whether favorable or
unfavorable. You will not be personally responsible for any attorneys' fees or
costs in the litigation, unless you retain your own counsel. Any attorneys'
fees and costs will be paid, pursuant to Court approval, out of the settlement
funds. If you wish, you may enter an appearance through your own counsel at
your own expense. If you desire to be represented by your o!
  wn counsel, you must advise the Court of this request by filing an Entry of
Appearance in writing by first class mail, postage prepaid, postmarked on or
before July 15, 2005, and you must serve a copy on the attorneys listed at
Section VI.4. below, and on Charles S. Sims, Proskauer Rose LLP, 1585 Broadway,
New York, NY 10036-8299, counsel for defendant Reed Elsevier, Inc.

IV. How To Be Excluded From The Class

You may exclude yourself from the Class upon specific written notice, provided
your notice is mailed by first class mail, postage prepaid, on or before July
15, 2005 to the Claims Administrator, whose address is listed below in Section
VI. The postmark will determine the time of mailing. You may also exclude
yourself online at http://www.copyrightclassaction.com, on or before July 15,
2005. You need not state your reason for requesting exclusion. However, your
request for exclusion must be signed by an authorized person, must state that
you wish to be excluded from the Class, and must specifically state the name
and address of the class member requesting exclusion. If you exclude yourself
online, you must complete all requested fields.

If you exclude yourself from the Class, you will not be eligible to share in
the settlement proceeds should the Settlement Agreement be approved. You will,
however, have the right to bring a case on your own behalf.

V. Hearing On Final Approval Of Settlement

A hearing will be held on July 28, 2005 at 10:00 a.m. in Courtroom 618 of the
United States District Court Southern District of New York, United States
Courthouse, 40 Centre Street, New York, NY 10007, for the purpose of
determining whether the proposed settlement is fair, adequate and reasonable
and should be approved by the Court. At the hearing, the Court will also
consider related matters, including the fairness of the proposed Plan of
Allocation and the application for attorneys' fees and reimbursement of
expenses and for a special award to the Representative Plaintiffs. Although
not necessary, you are entitled to appear and be heard at the hearing. The
time and date of the hearing may be rescheduled by the Court without further
notice. If you desire to remain in the Class and participate in the settlement
and submit a claim, you are not required to do anything further at the present
time.

If you remain in the Class, you have the right to object to any or all of the
proposed settlement, including the entry of final judgment dismissing the
litigation with prejudice, the request for Class Counsel's attorneys' fees and
costs and the request for a special award to the Representative Plaintiffs. If
you wish to object to the settlement, you must follow these instructions: (1)
You must appear at the hearing in person or, if you are represented by an
attorney, your attorney must appear in person and demonstrate why the
settlement or any part of the settlement should not be approved as fair,
reasonable and adequate and why a final judgment dismissing all claims against
the Defense Group with prejudice should not be entered; (2) On or before July
15, 2005, you must file with the Court a notice of intention to appear and a
statement of your objection or position to be asserted and the grounds for your
objection, together with copies of any supporting papers or briefs, a!
  nd you must serve a copy of such papers by first class mail on the attorneys
listed at Section VI.4. below, and on Charles S. Sims, Proskauer Rose LLP, 1585
Broadway, New York, NY 10036-8299, counsel for defendant Reed Elsevier, Inc.
If you do not wish to object to the Settlement Agreement, it is not necessary
to appear at the hearing.

Unless you object as provided in this Notice, you will not be entitled to
contest the terms and conditions of the settlement, including the application
for attorneys' fees and costs and the application for a special award, and
persons who fail to object as provided shall be deemed to have waived and shall
be forever foreclosed from raising any such objections.



VI. Additional Information

1. You are requested to preserve all of your records relating to your
Subject Works.

2. The Claims Administrator is:

  The Garden City Group, Inc.
  P.O. Box 9000 #6250
  Merrick, NY 11566-9000
  1(800) 330-0516
  http://www.copyrightclassaction.com

3. If you have any questions, or if you change your address or if this
Notice was not mailed to your correct address, you should notify the Claims
Administrator. If the Claims Administrator does not have your correct address,
you may not receive your Settlement Payment or notice of important developments
in this class action.

4. Any questions that you have concerning the matters contained in this
Notice may also be directed in writing to any of the following Co-Lead Counsel
for plaintiffs and the Class:

* Michael J. BoniKohn, Swift & Graf, P.C.One South Broad Street, Suite 2100
Philadelphia, PA 19107-3389 [log in to unmask]

* Diane S. Rice Hosie, Frost, Large & McArthur Spear Street Tower, 22nd Floor
One Market Street San Francisco, CA 94105 [log in to unmask]

* A. J. De Bartolomeo Girard Gibbs & De Bartolomeo LLP 601 California St.,
Suite 1400 San Francisco, CA 94108 [log in to unmask]

5. The pleadings and other records in this litigation may be examined and
copied during regular office hours at the Office of the Clerk, J. Michael
McMahon, U.S. District Court for the Southern District of New York, 500 Pearl
Street, New York, NY 10007.

PLEASE DO NOT TELEPHONE OR ADDRESS ANY INQUIRIES TO THE COURT.

Dated: March 31, 2005

BY ORDER OF THE COURT:
Honorable George B. Daniels,
United States District Judge
for the Southern District of New York