College Physics. Student Solutions Manual TOP
About 1949 Addison commissioned the professors to write a number of college physics textbooks among which were a companion pair entitled "College Physics" and "University Physics." The only significant difference between these works lay in the degree of mathematical sophistication presumed by the authors to be possessed by the users. Whereas the "College" text could be comprehended by students who had completed no prerequisites beyond trigonometry the "University" work assumed a familiarity with the principles of the calculus and hence utilized its procedures when appropriate.
College Physics. Student Solutions Manual
Plaintiffs' textbooks were each divided into 49 chapters of which chapters 24 through 49 comprised Part II. At the close of most of the chapters the authors had posed problems ranging in number from less than 10 to as many as 30 or more. In the University Physics book an appendix supplied supplementary problems segregated according to chapters illustrated thereby. The publisher's prefatory note explained that "These [supplementary] problems have been reproduced from the plates used in the first edition." All problems had been carefully and with the expenditure of much skill and effort edited, selected and arranged to serve as exercises illustrating, with an intended progressive increase in difficulty of solution, the didactics of the chapter to which they were appended. The problems corresponded to the sequence of the instructional content of the text. As part of their preliminary procedures the authors had themselves solved the problems their texts were to propound to the student users. These solutions, however, were not published by them in any form, although quantitative answers to odd-numbered problems were supplied in one of the several appendices printed in the texts. These might serve as a checklist for the student user of the book to be compared by him with the *222 answers independently arrived at by his own calculations, giving him assurance that the steps in his solution which produced a matching answer were correctly carried through.
Those for whose use the books were intended and who would be the actual purchasers were the college undergraduates, largely freshmen, who were taking their initial courses in physics. The market, however, was manifestly a captive one, being controlled by the physics faculty of those colleges which by "adopting" a text for use in their instruction insured that the college bookstore would stock the text for sale to the students and that the students would buy.
Several hundred thousand copies of Sears and Zemansky physics textbooks had upon such adoption been sold through the years and the experience of the professors thus gained, as well as Addison's own marketing research in the sale of textbooks generally, persuaded the plaintiffs, as it does the Court, that availability to the students of a book of solutions to the exercises incorporated in the texts would adversely affect the prospect of their collegiate adoption.
In this circumstantial context defendants undertook to supply the student purchasers of the textbooks with solutions which the authors and the publisher, mindful marketwise of the pedagogical attitudes of the instructors, had refrained from publishing so as to bar access thereto by students. With the prospect or, at least, hope of financial gain as motivation defendants published, copyrighted and proceeded to vend in 1961 a "Manual of Solutions" which on its frontispiece carried the following legend: "Physics Series: Solutions to the problems appearing in `University Physics' and `College Physics' by Sears and Zemansky Part 2." Defendants evincing an initial prudence sought to obtain the consent of Addison before undertaking the issuance of the manual. Permission was refused, but this did not halt them. Circularizing the trade as to their project, they succeeded in placing their work in a number of college bookstores and others of general clientele, and in at least one instance by misrepresenting that the manual was being issued with the consent of the copyright owner and implying that it had the sponsorship of the authors of the textbooks persuaded a large and well known retailer of educational books to stock their manual.
Confronted with the dilemma demanding on the one hand the presentation, in the manual, of solutions to problems *223 which were set out in plaintiffs' books but precluding on the other in view of copyright sanctions a convenient collocation of the problem copied from the text and its solution, defendants contrived the device of substituting paraphrase for direct quotation from the problem to be solved. Occasionally, as is hereinafter noted, momentary forgetfulness of their plan of camouflage or difficulty in accommodating it to their objective led them to incorporate in their manual a literal or indefensibly close approximation of what might be found in plaintiffs' texts.
The manual is divided into chapters, the numbering, 24 to 47, corresponding to the numeration of the chapters in Part 2 of plaintiffs' books. The solutions are keyed by numbers to the problems in an arrangement which conforms with the explanation given in the preface (see supra, p. 222).
The Court thus far has used the word "solutions" in referring to the end product of defendants' efforts which finds its embodiment in the text of the manual. Defendants, although characterizing their work variously as a "manual of solutions" and as "solutions to the problems appearing in `University Physics' and `College Physics' by Sears and Zemansky, Part 2" entitled their brochure on its cover page as "Solved Physics Problems" [italics supplied] and thereby more nearly, although with a measure of ambiguity approximate the truth. The problems are indeed solved problems solved, some long since, some recently by the genius of intellects other than those of the defendants or of the individual plaintiffs. The solutions of these earlier "solved" problems is implicitly or explicitly present in the prefatory text of plaintiffs' volumes. To render these solutions from that text one need be possessed of no more than a journeyman's skill in the science of physics coupled with a sufficiency of mathematical prerequisites. One so disciplined, with recourse to no other texts and unaided by an oral didactic elucidation, could and should find, immediately or mediately, through an integration of problem and text, what defendants put forward as "Solutions", solutions which by copyright secured they necessarily proffer as possessed of requisite originality.
The manifest difficulty confronting plaintiffs in an effort to establish that what has been filched by defendants is the expression rather than the hypostatic concept no doubt motivated the plaintiffs to cast about for the surer support of a specific statutory provision. Defendants' infringement lies, plaintiffs accordingly *226 urge, in that they have taken problems which in the original were in part formulated in words. These are stated in relation to numerics with appropriate units to be assumed as the basis for the calculations entering into their solutions. Defendants have transmuted only the lexical statement of the problems into another version, purporting to translate that portion into another language the language of the mathematician and the physicist. Symbols, sign conventions, equations, graphical representation all have been substituted by defendants for the verbalisms of the original. The numerics and their units, however, have been and necessarily so transported bodily and without change from the texts into the manual. To find a paraphrase for these numerics with their units, which were themselves the symbolic paraphrase of the physicist, apparently posed for the defendants a problem of such difficulty that for it even their ingenuity could find no solution, save perhaps an unacceptable englishing of sign and symbol.
 A promise was made by defendants in a sales brochure to issue, when ready, similar solutions manuals directed to the problems in Part I of the textbooks upon their reprint projected for the Fall of 1962. 041b061a72