Teacher sues online certification program for copyright infringement

Michelle Massey, East Texas Bureau Apr. 14, 2010, 10:00am

SHERMAN-A professor from the University of North Texas has filed suit against a former student for allegedly using her copyrighted material in an online certification program.

Pamela Harrell filed a lawsuit against iteachTexas LLC, iteachPress Ltd., Diann Huber and iteachU.S. Inc. on April 9 in the Sherman division of the Eastern District of Texas.

According to the complaint, Harrell is the program administrator for the Secondary Online Teacher Certification program at University of North Texas and wrote and copyrighted the curriculum for many of the program's courses.

As a graduate student in 2002, Huber had access to the online copyrighted course materials in order to teach an online course.

After leaving the university, Diann founded iteachTexas which offers a private version of UNT's online certification program.

The plaintiff alleges that Huber copied verbatim significant portions of the copyrighted materials in the iteachTexas courses and has not given credit to the true copyright holder.

Harrell is asking the court for an injunction to stop the defendants from using the material and for an order for the defendants to impound and destroy all copyrighted materials.

She is seeking an accounting of all sales, revenues and profits relating to the infringement, an award of actual damages, other monetary relief and interest.

Dallas attorneys Darin M. Klemchuck, Kelly J. Kubasta, Katherine B. Bandy of Klemchuck Kubasta LLP and attorney Aaron Tobin of Anderson & Jones PLLC are representing the plaintiff. Jury trial requested.

U.S. District Judge Michael H. Schneider is assigned to the litigation.

Case No 4:10cv00179

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