Renowned Sports Author Calls Texas A&M University’s Ethics into Question
At Texas A&M University, the student section of the football stadium is called the “Home of the 12th Man,” inspired by the actions of E. King Gill, who stood on the sideline during a 1922 Aggie football game, ready to play in case his team ran out of reserve players. Today, the 12th Man tradition symbolizes the Aggies’ unity, loyalty, and willingness to serve when called upon to do so.
However, a renowned sports history writer has called the university’s integrity into question after its athletic department published a near-verbatim copy of the writer’s unpublished biography on Gill, according to a lawsuit brought by the author.
Nick Wasdin represents author and editor Michael Bynum and his publishing company, Canada Hockey LLC, in a copyright infringement case against a member of the Texas A&M University’s Athletic Department, who, the lawsuit claims, unlawfully published his work.
The complaint, filed in the United States District Court for the Southern District of Texas , alleges that the named personnel within the A&M Athletic Department, under the direction of department leadership, published and disseminated a draft copy of Bynum’s biography of E. King Gill, which Canada Hockey LLC (d/b/a Epic Sports) had yet to publish, bolstering the university’s title as the Home of the 12th Man and boosting fundraising efforts in the process.
According to the complaint, after Bynum’s biography on Gill was posted nearly word-for-word on the A&M Athletic Department website, it was then promoted to hundreds of thousands of people via university newsletters and social media, effectively ruining the market for Bynum’s original work.
“My client devoted significant time to conducting research for, and writing and editing his 12th Man book, including the biography on the original 12th Man, E. King Gill, and in a matter of minutes, his work was taken and given away for free to the exact market that Mr. Bynum intended to sell it in,” said Wasdin. “This has caused real, tangible damage to Mr. Bynum, impacts he is still feeling today.”
The lawsuit seeks to actual and statutory damages for the defendant’s multiple alleged copyright violations.