Wednesday, July 1, 2009

Intersting development in Georgia State case; Scholarly Communications @ Duke Blog, 7/1/09

Kevin Smith via Scholarly Communications @ Duke Blog; Intersting [sic] development in Georgia State case:

"The copyright infringement lawsuit brought against Georgia State University by three major publishers has been in a relatively quiet phase recently...Nevertheless, there was a development in Cambridge University Press, et al. v. Georgia State University last week that could significantly change the stakes for the rest of the academic world as it watches this case unfold...

For the rest of us, this means that the decision about fair use, if the case gets that far, will be a lot more relevant to e-reserve and course management systems use around the country. That, of course, could be a good thing or a bad thing, depending on how the decision goes. But it seems the decision will be based on policy and practice a lot closer to what many schools use (assuming, of course, that the new policy really does indicate changes in practice). Presumably a ruling in favor of fair use is a little more likely now that it will be decided on the basis of this more pragmatic policy. And such a ruling would more clearly support wide-spread practices in higher education. On the other hand, a ruling against Georgia State, if it happens, would be much harder for the rest of us to explain away and distinguish from our own practices."

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