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Sept 24, 2013

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Tenured Lehman Prof Sued Hostos Associate Professor Under Copyright but Fair Use Found

By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag

SDNY COURTHOUSE, Feb 5 – Esther Wilder, a tenured professor at CUNY's Lehman College in The Bronx, has sued Sarah Hoiland for allegedly verbatim copying her text from a National Science Foundation funded project and misusing it in an academic conference on learning assessment.          

    On April 18, U.S. District Court for the Southern District of New York Judge P. Kevin Castel held a proceeding. Inner City Press covered it.   The complaint says the Hoiland is an Assistant Professor at Hostos Community College, and lists her address on Metropolitan Avenue in Brooklyn.

The alleged copyright infringement occurred at the Community College Conference on Learning Assessment at Valencia College in Orlando, Florida. 

 Judge Castel inquired, then set a next proceeding for September 2 at 11 am. He also made a referral to the SDNY Court-annexed Mediation Program.

Jump cut to February 2024, when Judge Castel ruled that "regardless of whether Wilder is the owner of a valid copyright in the material covered by the registration, Hoiland has established the affirmative defense of fair use as a matter of law."

The case was Wilder v. Hoiland, 22-cv-1254 (Castel) 


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