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Archive for the ‘Course Reserve’ Category

Court of Appeals Decision in Georgia State Copyright Case

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The 11th Circuit Court of Appeals released their ruling in the case of Cambridge University Press  et. al. v. Patton on Friday (10/17/2014). This case is more popularly known as the Georgia State Copyright Case or the Georgia State E-Reserves Case.

To recap the case so far on April 15, 2008 Cambridge University Press, SAGE Publications, and Oxford University Press filed suit against Georgia State University in District Court regarding the library’s e-reserve practices and instructors posting of copyrighted material to course management systems. On May 11, 2012 Judge Evans handed down her opinion which found only five of the ninety-nine cases initially brought before the court to be infringing and awarded fees and costs to Georgia State. Judge Evans analysis included a weighting of the four Fair Use factors outlined in Section 107 of the Copyright Code. She also attempted to establish a bright line rule of 10% or 1 chapter of book when determining amount. The publishers appealed the ruling to the Circuit Court.

The Circuit Court ruling vacated Judge Evans’s ruling and sent the case back to the District Court level. Their finding was that while Judge Evans was correct to analysis each infringement separately her methodology was flawed. In their opinion the judges laid out the District Court applied a mechanistic instead of holistic analysis, should not have established a bright line for amount, and did not always weight market effect equally with the other three factors.

The University Libraries will continue to monitor this case as more rulings are expected in coming years.

Copyright and Course Reserve News

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Google Books

Judge Chin handed down a decision in Author’s Guild vs. Google. He found Google’s scanning and display of books still under copyright to be fair use. The center of the judge’s reasoning appeared to be that the way the snippets were displayed preserved the value of the copyright owner’s work while expanding access to books,  preserving existing texts, and creating opportunities for text mining and other data focused analysis. In Judge Chin’s final analysis he found Google’s book scanning project to be a transformative use of the existing books in both format and application.

An appeal by the Author’s Guild is expected.

Harvard Business Review

The Harvard Business Review is continuing to restrict the use of their content in classrooms. Recently they closed off print, download, and direct linking to some of the most popular articles in that journal. This concedes with a new push to sell classroom licenses to business schools.

Course Reserve staff would like to take this opportunity to inform instructors that classroom and course reserve use of Harvard Business Review materials is not covered by the library’s current license. Instructors should either purchase their own license to use these materials or select alternate readings for their students’ use.

Course Reserve Web Site

The Ordering System for Course Reserve was updated this week. It now uses a single log in, your UBIT login, and instructors may designate proxies to place orders on their behalf. Please email our Course Reserve Supervisor (libresrv@buffalo.edu) if you encounter any problems with the Ordering System.

Fair Dealing and Fair Use

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Copyright laws and protections vary widely from country to country. A work that is copyrighted in a nation that is a cosigner of the Berne Convention for the Protection of Literary and Artistic Works and/or the Universal Copyright Convention will enjoy a reasonable level of protection in all cosigning nations. Individuals in nations that have not signed these agreements will have wildly different standards of copyright protection. Individuals in those nations may engage in acts that signing nations define as piracy with the full support of their country’s laws.

This post is focused on concepts that are similar, but different between cosigning nations. The United States as the legal standard of Fair Use. A number of countries influenced by British common law have a similar tradition that is called Fair Dealing. Actual legal definitions of Fair Dealing can and do vary from country to country.

Both Fair Dealing and Fair Use allow for the use of copyrighted materials in certain defined situations. Most versions of Fair Dealing allow for limited portions of a work to be used for personal scholarship, criticism, news reporting, and other similar situations the same as Fair Use.

Educational usage is the major point of difference between the two concepts. Fair Use considers educational purposes to be a valid factor in invoking the defense. Most versions of Fair Dealing do not. This is an important point to keep in mind when teaching or performing scholarship in nations that have a codified Fair Dealing exemption.

Winter Session

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The University at Buffalo will have a Winter session this academic. Classes will run from January 6th until January 24th. Course Reserve will be available for course during the Winter session.

If you are thinking of using Course Reserve during your Winter class we suggest you place the order by the end of the Fall semester. Orders placed after the Winter session starts might not be fulfilled before it ends. This is especially likely if we need to recall or purchase a copy of the material.

Notes

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Items on Course Reserve may not display in Internet Explorer 9 or Firefox 14. If your students are loading a gray screen instead of a PDF this is likely the issue. Encourage them to use a different web browser. A warning concerning this problem appears on the Copyright Information page that loads after a link is clicked.

Cambridge University Publishing vs. Becker, the Georgia State Case, continues to work it’s way through the court of Appeals. Oral arguments have been scheduled for November 19th. Hopefully a decision will be handed down by the end of the Spring semester.

It is the policy of the Course Reserve office to link to a vendor copy of material whenever possible. This policy helps keep us on the right side of copyright law, vendors can experience failures. If you or your students attempt to access a Course Reserve item and get a notice from the vendor please email Course Reserve staff immediately with the name of the vender, the title of the item, and the course it was linked to. Most failures of this type can be fixed quickly, but only if library staff knows about them.

The Course Reserve office in the Silverman Library will be closed from 9/18/2013 through 9/23/2013. All orders will be processed when it reopens. If you are experiencing an emergency notify the Circulation Desk in the Silverman Library and they will contact the appropriate staff member.