Monday, May 21, 2012

Georgia State Copyright Case: What You Need To Know—and What It Means for E-Reserves; LibraryJournal.com, 5/17/12

Meredith Schwartz, LibraryJournal.com; Georgia State Copyright Case: What You Need To Know—and What It Means for E-Reserves:

"One of the most closely watched e-reserve cases in recent memory came to an end—though an appeal is still possible—on May 11, when Judge Orinda Evans of the U.S. District Court for the Northern District of Georgia ruled in Cambridge University Press (CUP); Oxford University Press (OUP); Sage Publications v. Georgia State University (GSU). The case alleged copyright infringement in GSU’s e-reserves, and in essence the judge came down on the side of libraries in a 350-page decision delivered almost a year after she heard closing arguments.


Of the 75 cases of alleged infringement she considered, Judge Evans held five to be infringement. The rest were either held to be fair use, or the question did not arise, because the copying was held to be de minimis—when virtually no one actually read the posted work—or because the publishers did not demonstrate to the court’s satisfaction that they had standing to make the claim."

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