Georgia State Copyright Case: Resources

This page provides resources related to the Georgia State copyright case (Cambridge University Press et al. v. Patton et al.). This lawsuit brought by several publishers against Georgia State University involves the use of copyrighted materials in e-reserves in higher education, but the impact of the case and its potential results may be far more reaching.

Publishers' Move Could Mean 'Whole New Trial' in GSU Copyright Case (3/16/15)
by Andrew Albanese (Publishers Weekly)
"Is the Georgia State University e-reserves case about to get a do-over? With the case now back at the district court, the three publisher plaintiffs in the closely-watched copyright case have filed a motion to reopen the trial record, and have asked that new evidence be used to determine whether some of the university’s online e-reserve course readings are infringing copyright."

Publishers and Library Groups Spar in Appeal to Ruling on Electronic Course Reserves (2/1/13)
by Jennifer Howard (Chronicle of Higher Education)
"Fair use and electronic course reserves are back in court. A keenly watched copyright case that pitted three academic publishers against Georgia State University has entered the appeals phase, with a flurry of filings and motions this week and more expected soon.One surprise motion came from the U.S. Department of Justice, which requested more time to consider filing an amicus brief either in support of the publishers or in support of neither party."

Georgia State Prevails (8/14/12)
On August 10, 2012, Judge Orinda Evans issued her order for declarative and injunctive relief in the Georgia State copyright infringement case, denying the plaintiffs’ request and ordering the plaintiffs to pay Georgia State’s attorneys’ fees. Judge Evans also rejected a proposed injunction that would have imposed exacting guidelines on professors who wish to make available portions of assigned copyrighted course readings.

Next Steps in the Georgia State Case (6/4/12)
This blog entry examines next steps after the May 31, 2012 plaintiffs filing of a  proposed injunction that would prohibit GSU professors from making unauthorized copies that are not “narrowly tailored to accomplish the instructor’s educational objectives” and do not “constitute the ‘heart of the work’ ” from which they are excerpted. In addition, the publishers asked Judge Orinda Evans to mandate that GSU’s revised policy on e-reserves require professors to “investigate the availability of digital permissions before it may determine that a proposed use of an excerpt of a work is protected by the fair use doctrine.”

A Case for Fair Use: The Georgia State Decision (5/15/12)
This EDUCAUSE Policy brief summarizes the long-awaited opinion released May 11, 2012 in the Georgia State University e-reserves copyright infringement case, and provides analysis of what this means for higher ed. The case was a challenge by three academic publishers whose lawsuit claimed that Georgia State’s e-reserves policy went far beyond the bounds of fair use.

GSU Fair Use Decision Recap and Implications (5/15/12)
This memo from the Association of Research Libraries summarizes the key rulings in the case and discusses some possible consequences for libraries generally.

Inside the Georgia State Opinion (5/13/12)
by James Grimmelman (The Laboratorium)
Observations of "the long-awaited [May 11] decision in the Georgia State e-reserves case (a.k.a. Cambridge University Press v. Becker)."

Ruling in Case 1:08-cv-01425-ODE (May 11, 2012)
Official court ruling in the Georgia State Copyright Case.

The Georgia State Copyright Case: Issues and Implications (9/8/11)
Archive of the EDUCAUSE Live! webinar. In this EDUCAUSE Live! webinar, hear from Kevin L. Smith (Director of Scholarly Communications, Duke University), who will provide an overview of this case, and Siva Vaidhyanathan (Professor of Media Studies and Law, University of Virginia), who will share his perspective as a faculty member about the case’s implications for teaching and learning.

ARL Policy Notes: Georgia State Case
This blog from the policy office of the Association of Research Libraries has a number of entries discussing the Georgia State case. This link goes to the full list of entries on this topic.

Last Round of Filings Made in Georgia State U. Fair-Use Lawsuit (August 4, 2011)
The Ticker (Chronicle of Higher Education)
"The plaintiffs and the defendants in the fair-use lawsuit that has pitted three academic publishers against Georgia State University have now filed their final post-trial briefs."

Licenses, Prices, Fair Use and GSU (August 3, 2011)
by Kevin Smith (Scholarly Communications @ Duke)
A closer look at the post-trial briefs, Canadian license costs (and what they might foretell for U.S. higher ed), and fair use.

Georgia State in Publishers Weekly: Tom Allen of the AAP vs. Moi (July 12, 2011)
by Paul Courant (Au Courant Blog)
Courant tells of a recent adaptation of a blog entry on the Georgia State copyright case that was published in Publishers Weekly and the subsequent response to it by AAP president Tom Allen. This entry is in turn a response to Allen's comments.

Publishers Say They Are Not the Enemy in University Copyright Disputes (June 19, 2011)
At Georgia State and elsewhere, they duel with librarians over the future of scholarly content
by Jennifer Howard (Chronicle of Higher Education)
Article based on an interview with Tom Allen, President of the Association of American Publishers (which, Howard is very careful to point out, "is covering about half of the plaintiffs' legal cost"). Howard puts forth the article as a counterpoint to earlier discussion on this case, which she states has thus far "been driven by a cluster of outspoken copyright-reform and fair-use advocates." Allen's perspective is introduced with the explanation that "[Allen] was eager to talk about what he considers wrong-headed ideas about the motives of the plaintiffs—and of educational publishers in general." The article also includes some perspective by Will Cross, who has recently been named Director of Copyright and Digital scholarship, North Carolina State University.

Georgia State, Copyright and the Future of Higher Education (June 10, 2011)
by Tracy Mitrano (Inside Higher Ed Blog U)
This blog entry explains how copyright and higher education are linked, as "both are fundamentally predicated on the purpose of serving the public good," and what the Georgia State case means in that context. The author states, "What I would like to offer in this blog entry is a clarion call to the highest level of academic leadership in our country to think very deeply about this matter, get on the right side of history for the sake of our own institutions and begin to take some bold, concrete actions going forward."

A Second Front (June 9, 2011)
by Kevin Smith (Scholarly Communications @ Duke)
This blog entry posits that the Georgia State case is "only one part of an overall strategy to undermine the educational exceptions to copyright; yesterday the publishing community opened a second front in their attack on education by issuing a statement of principles designed to hobble inter-library loan."

What's at Stake in the Georgia State Copyright Case (May 30, 2011)
Chronicle of Higher Education
This opinion piece brings together top experts to discuss the impact that the Georgia State case is having and might have on the use of copyrighted materials in higher education.

A Nightmare Scenario for Higher Education (May 13, 2011)
by Kevin Smith (Scholarly Communications @ Duke)
This blog entry takes a close look at the what the publishers in this case are asking for in the "proposed injunction that the plaintiffs are requesting if they win the case" and its potential impact. States Smith, "I have always known that there was a lot a stake for higher education in this case, but the injunction the publishers want would be a nightmare scenario beyond even my most pessimistic imaginings." See also Smith's earlier blogs on this topic, "Going Forward with Georgia State Lawsuit" (October 1, 2010) and "Interesting Development in Georgia State Case" (July 1, 2009).

Georgia (State University) on My Mind (November 3, 2010)
by Christine Ross (Copyright on Campus: Fraternizing with Fair Use in Academia)
This blog entry provides a summary of the case from the time the original suit was filed in April 2008 up until October 2010, when a "federal district court judge ruled on the cross motions for summary judgment ... [opening] the door to an actual trial being conducted."

A Failure to Communicate (June 14, 2010)

This blog provides an overview of the Georgia State case, with the note that, "perhaps the most notable aspect of the suit is that publishers are in essence suing their very partners in the scholarly publishing enterprise (including a university librarian), something critics say represents something of a waterloo for publishing."

Remix Pedagogy, Libraries, and the Georgia State Case (April 1, 2010)
by Barbara Fister (Library Journal: Peer to Peer Review)
Fister asks, "But is this really good for higher education?" She further provides what she sees are the plaintiffs’ major points in the motion.