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UB Libraries News Archive

All the articles here are archived. Please check the Libraries News Center for the latest information on the Libraries.

Posts Tagged ‘copyright’

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.