[net-gold] UNITED STATES: STATES: GEORGIA : LIBRARIES: ACADEMIC : EDUCATION: COLLEGE : COPYRIGHT : LAW: CASE: DECISIONS: E-Reservations
- From: "David P. Dillard" <jwne@xxxxxxxxxx>
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- Date: Tue, 15 May 2012 12:48:08 -0400 (EDT)
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UNITED STATES: STATES: GEORGIA :
LIBRARIES: ACADEMIC :
EDUCATION: COLLEGE :
COPYRIGHT :
LAW: CASE: DECISIONS:
E-Reservations
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E-Reservations
May 15, 2012 - 3:00am
By Steve Kolowich
Inside Higher Ed
http://www.insidehighered.com/news/2012/05/15/
court-ruling-landmark-e-reserve-leaves-unanswered-questions
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A shorter URL for the above link:
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http://tinyurl.com/78zpxhb
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As librarians and lawyers continue to pore over the 350 pages of a
long-awaited federal court decision involving copyright claims levied
against Georgia State Universitys library by academic publishers, one
thing everybody seems to agree on is that, all things considered, the
university won.
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But what victory looks like at this stage remains to be seen and may not
become clear for some time, experts say.
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What is clear is that the three publishers -- Cambridge University Press,
Oxford University Press, and Sage Publications -- who in 2008 sued Georgia
State on behalf of the Association of American Publishers (AAP) and the
Copyright Clearance Center will ask the court to direct Georgia State to
tweak its e-reserve policy in a way that addresses some of the few
scenarios in which Judge Orinda D. Evans said the university had
overstepped its privileges under the educational fair use exemptions to
U.S. copyright law.
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The publishers have until May 30 to file for such an injunction. In a
statement, the AAP said it intends to do so. The association did not say
whether it plans to appeal the decision, only that it is disappointed with
aspects of the courts ruling and that the AAP is studying it. The
association postponed a press call scheduled for Monday with Bruce Rich,
the lead lawyer for the plaintiffs, citing a family emergency.
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As far as Georgia State, which will have the opportunity to argue against
an injunction before it would go into effect, the university does not plan
to otherwise change its policy on electronic reserves, said Nancy Seamans,
its director of libraries. Professors will have to be educated and
vigilant when it comes to making decisions about what to put on e-reserve,
but the university does not plan to take that prerogative out of their
hands, she said.
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snip
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One certain outcome of the Georgia State case should be clearer guidelines
for faculty members and librarians as they try to walk the line on fair
use, said Jonathan Band, a Washington-based lawyer and fair use advocate
who works frequently with librarians.
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May 13, 2012
Long-Awaited Ruling in Copyright Case Mostly Favors Georgia State U.
By Jennifer Howard
Chronicle of Higher Education
http://chronicle.com/article/Long-Awaited-Ruling-in/131859/
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A federal judge in Atlanta has handed down a long-awaited ruling in a
lawsuit brought by three scholarly publishers against Georgia State
University over its use of copyrighted material in electronic reserves.
The ruling, delivered on Friday, looks mostly like a victory for the
university, finding that only five of 99 alleged copyright infringements
did in fact violate the plaintiffs' copyrights.
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"My initial reaction is, honestly, what a crushing defeat for the
publishers," said Brandon C. Butler, the director of public-policy
initiatives for the Association of Research Libraries. Given how few
claims the publishers won, "there's a 95 percent success rate for the GSU
fair-use policy." The ruling suggests that Georgia State is "getting it
almost entirely right" with its current copyright policy, he said.
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snip
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Publishers, librarians, and fair-use advocates have been anticipating a
ruling from Judge Orinda Evans of the U.S. District Court in Atlanta for
months. The length of the ruling350 pages, with a detailed examination of
individual use caseshelps explain the long delay.
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"This is somebody trying very hard to do a very good job with a very
complicated case," said Nancy Sims, copyright program librarian at the
University of Minnesota, who's been watching the case closely. "Once you
see the detail, you understand the delay." Ms. Sims described the ruling
as "really even-handed," with "some good and some bad" news for the cause
of educational fair use.
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snip
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It will take time to sort out the uncertainties. The plaintiffs must now
declare what relief they'll seek for the five infringements the judge
found. After that, they may well mount an appeal. First they have to
figure out the broader implications of Friday's decision.
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"The Association of American Publishers, speaking on behalf of the
publisher plaintiffs, said they are studying the ruling and will provide
comment once they've completed their analysis of it," Andi Sporkin, the
association's vice president of communications, said in a statement
e-mailed to The Chronicle.
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Georgia State Cleared of Most Publisher Infringement Claims
By Don Jeffrey
May 14, 2012
Bloomberg
Business Week
http://www.businessweek.com/news/2012-05-14/georgia-state-
cleared-of-most-publisher-infringement-claims
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A shorter URL for the above link:
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http://tinyurl.com/7km4e8b
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The court held GSUs new policy accountable for specific infringements, the
AAP said. The court also criticized the GSU policy for failing to limit
unauthorized copying to decidedly small excerpts, failing to proscribe
unauthorized use of multiple chapters from a single work and failing to
provide sufficient guidance to faculty concerning the potentially adverse
effect of such mass copying.
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snip
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The works that the judge found were infringed include three editions of
The Sage Handbook of Qualitative Research, The Power Elite, and
Utilization-Focused Evaluation.
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Other works listed in the lawsuit included Oxfords The Slave Community,
Cambridges Liszt: Sonata in B minor, and Sages Crabgrass Frontier.
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In contrast to GSU, we have seen other academic institutions employ a more
reasonable approach to fair use and exhibit a greater respect for the
intellectual property they use, Linda Phillips of the Copyright Clearance
Center said in an e-mailed statement. The CCC collects royalties from
colleges and other organizations for the use of copyrighted materials.
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The case is Cambridge University Press v. Becker, 08-01425, U.S. District
Court, Northern District of Georgia (Atlanta).
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Additional Sources
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Against the Grain NewsChannel:
http://www.against-the-grain.com/2012/05/
newsflash-decision-in-the-georgia-state-
university-e-reserves-copyright-case/
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A shorter URL for the above link:
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http://tinyurl.com/7umzsev
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the full text of the decision is at
http://www.infodocket.com/wp-content/uploads/2012/05/GA-State-Opinion.pdf
courtesy of INFOdocket.
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he GSU decision not an easy road for anyone
by KEVIN SMITH, J.D. on MAY 12, 2012 5 COMMENTS
in COPYRIGHT IN THE CLASSROOM,
COPYRIGHT ISSUES AND LEGISLATION, FAIR USE
Duke Scholarly Communications
http://blogs.library.duke.edu/scholcomm/2012/05/12/
the-gsu-decision-not-an-easy-road-for-anyone/
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A shorter URL for the above link:
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http://tinyurl.com/6mzpezv
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The Judge has deferred any action on crafting a remedy for the few
infringements that she found. She has asked the plaintiff to suggest an
injunction, which will be difficult to craft to fit this ruling and will
have to look very different from the one they suggested 18 months ago.
GSU will have a chance to object to any draft injunction, so the remedies
phase of the case will go on for a while.
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In general I expect librarians to be happy about the outcome of this case.
It suggests that suing libraries is an unprofitable adventure, when 95% of
the challenged uses were upheld. But there will also be a good deal of
hand-wringing about the uncertainties that the Judge has left us with, the
places where we need information we cannot reasonably obtain, and the
mechanical application of a strict percentage. We will spend considerable
time, I think, debating whether and how to implement Judge Evans rules
into our own copyright policies. In the meanwhile, of course, the ruling
is nearly certain to be appealed.
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The complete articles may be read at the URLs provided for each.
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WEBBIB1112
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Sincerely,
David Dillard
Temple University
(215) 204 - 4584
jwne@xxxxxxxxxx
http://workface.com/e/daviddillard
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