The Eleventh Circuit Court of Appeals has issued its ruling in the publisher appeal of a district court decision that found most instances of electronic reserve copying at Georgia State to be fair use. The appellate court ruling is 129 pages long, and I will have much more to say after I read it carefully. … Continue reading A reversal for Georgia State
UPDATE — Since I wrote this post, Professor Niva Elkin-Koren of Haifa University has kindly informed me that an English translation of the settlement agreement discussed below is now available on the Israeli A2K in Higher Education website. The direct link to the translated settlement is here. Ever since the Georgia State copyright lawsuit over … Continue reading Fair use, Georgia State, and the rest of the world.
Judge Orinda Evans of the Federal District Court in Atlanta issued her ruling yesterday on the cross motions for summary judgment in the copyright infringement lawsuit brought by three publishers against Georgia State University over course readings provided to students through e-reserves and the campus course management system. The text of her decision is here. … Continue reading Going forward with Georgia State lawsuit
The copyright infringement lawsuit brought against Georgia State University by three major publishers has been in a relatively quiet phase recently. Discovery, the process of gathering evidence and deposing witnesses, can be very dramatic, in fact, and decisions made during that phase of a trial can do much to determine who wins and who loses. … Continue reading Intersting development in Georgia State case
As soon as I read this short note in Inside Higher Ed reporting that the 11th Circuit Court of Appeals had barred a pharmacy association from suing the University System of Georgia for copyright infringement because of sovereign immunity, I knew I needed to read the decision and blog about it. It seemed, after all, … Continue reading Precedent and procedure in Georgia
Two interesting lawsuits came to my attention recently, one decided in February by the federal district court in Los Angeles and the other just filed in the district court in Atlanta. The new case involves a challenge by three publishers to the electronic reserves practices at Georgia State University, so it has direct relevance for … Continue reading Trying to sue State U
Happy fair use week! I’m sure many of you have already taken note that February 20 to 24 is a week-long celebration of copyright’s fair use doctrine. The organizers at fairuseweek.org have done a great job collecting information about events and sharing resources. This ARL-commissioned fair use myths infographic is among my favorites. One of the things I plan … Continue reading Fair Use for Authors
After a few months of quiet, I’m happy to say that the Copyright & Scholarly Communication team at Duke is bringing this blog back to life. Since Kevin Smith left to become Dean of Libraries at the University of Kansas, I have stepped in to take over his old post as Director of the Office of … Continue reading We’re back! (and so is the GSU fair use e-reserves appeal…)
My first thought when I read the new ruling in the Georgia State copyright lawsuit brought by publishers over e-reserves was of one of those informal rules that all law students learn — don’t tick off your judge. From the first days of the original trial, the arrogant antics of the attorneys representing the publisher plaintiffs — … Continue reading Here we go again: latest GSU ruling an odd victory for libraries
All of us take a bad picture now and then. You know, one of those pictures of yourself that makes you cringe every time you see it. Honestly, I don’t think I have liked a picture taken of me since 1995. But most of us react mildly to a bad picture; we moan a little … Continue reading Photography, Fair Use and Free Speech