Basic Books, Inc. v. Kinko's Graphics Corp., 758 F.Supp. 1522 (S.D.N.Y. 1991)
Princeton University Press v. Michigan Document Services, INC.,
Pending Litgation: sec 109 rights for imported works
WoW case asks deep ownership questions
Stanford list of Copyright & Fair Use Cases
Decision: fair use upheld for using historical artifacts to create new work
Defendants' Brief in Opposition to Plaintiffs' Motion for Summary Judgment, 2010, United States District Court, N.D. Georgia:
Decision: GSU fair use upheld in 95% of examined instances
Defendants' Brief in Opposition to Plaintiffs' Motion for Summary Judgment, 2010, United States District Court, N.D. Georgia:
...Moreover, the Classroom Guidelines "state the minimum and not the maximum standards of educational fair use . . ." Classroom Guidelines, H.R. Rep. No. 94-1476 at 68-70 (1976). For example, the Guidelines permit only single copies of chapters, articles and other short works for an instructor to use in preparing for a class. Meticulously defined standards of "brevity," "spontaneity" and "cumulative effect" -- standards that are not found in the text of the "fair use" exception to the Copyright Act -- apply to multiple copies for classroom use. They also include a complete bar on "anthologies," which is not in the "fair use" exception and which the court in Basic Books expressly declined to adopt. 758 F. Supp. at 1537. Additionally, while they gained some acceptance after New York University settled a copyright infringement claim in 1983 on terms based on the Classroom Guidelines, Dr. Crews' review of university policies in connection with this case demonstrates they have played a lessened role in the application of fair use through the intervening years. (Crews Report at 22 (stating the Classroom Guidelines are "widely considered by libraries to be too impractical and restrictive to use") (citing Steven J. Melamut, et al., "Fair Use or Not Fair Use: That is the Electronic Reserves Questions," Journal of Interlibrary Loan, Document Delivery & Electronic Reserve, 11 (2000): 12.)) Given the Classroom Guidelines' narrow (and increasingly out of favor) interpretation of fair use, the Guidelines cannot serve as a proxy for proving copyright infringement and/or the absence of fair use. ...
...Even if the Court should determine that the University Administrators have committed acts that could be characterized as direct or contributory or vicarious copyright infringement, a proper fair use analysis establishes that the questioned acts are a fair use of the Publisher's works-at-issue and therefore not copyright infringement. When properly analyzed, all of the fair use factors weigh in favor of the defendant University Administrators-- especially the fourth factor (market effect). With respect to the fourth factor, the Publishers are unable to carry their burden of proof because, as demonstrated by the declarations submitted herewith, the GSU professors would not require students to purchase the books from which excerpts have been used or acquire licenses to use the excerpts if such use in an electronic reserve system is not a fair use. The professors are unanimous in their conclusion that such minimal use is not worth the expense and difficulty of acquiring the entire book or compensated permission from the publishers. As pointed out by the professors they simply would not use the material. The consequence of such a decision is an unwarranted reduction in the educational experience. For that reason, as well as others, the fair use provision in the Copyright Law, 17 U.S.C. § 107, specifically identifies "teaching" as an example of acceptable fair use that is not copyright infringement. ...
Links relevant to the GSU case:
Prior to Case Ruling
After Case Ruling on May 11, 2012
**Peter Jaszi in webinar 6-21-2012 said not to start implementing any of the decisions in this holding!
Decision: Defendant's Motion for Summary Dismissal granted on the basis that the 2-dimensional works in question did not pass the test for originality
Links relevant to the UCLA case:
Decision: Dismissed
Chronicle of Higher Ed : Judge dismisses lawsuit in UCLA streaming video case
UCLA faculty principles on the use of streaming videos
Links relevant to the UCLA case: