Cambridge University Press, et al v. J. Albert, et al
Filing
1
CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellants Cambridge University Press, Oxford University Press, Inc. and Sage Publications, Inc. on 10/02/2012. Fee Status: Fee Paid.
Case l:08-cv-G. -5-ODE Document 463 Filed 09/i .2 Page 1 of 3
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
Civil Action No.
1:08-cv-1425-ODE
CAMBRIDGE UNIVERSITY PRESS,
OXFORD UNIVERSITY PRESS, INC.,
SAGE PUBLICATIONS, INC
Plaintiffs,
v.
MARK P. BECKER, in his official
capacity as President of
Georgia State University, RISA
PALM, in her official capacity
as Senior Vice President for
Academic Affairs and Provost of
Georgia State University, J.L.
ALBERT, in his official
capacity as Georgia State
University Associate Provost
for Information Systems and
Technology, NANCY SEAMANS, in
her official capacity as Dean
of Libraries at Georgia State
University, ROBERT F. HATCHER,
in his official capacity as
Vice Chair of the Board of
Regents of the University
System of Georgia, KENNETH R.
BERNARD, JR., LARRY R. ELLIS,
W. MANSFIELD JENNINGS, JR.,
JAMES R. JOLLY, DONALD M.
LEEBERN, JR., WILLIAM NESMITH,
JR., DOREEN STILES POITEVINT,
WILLIS J. POTTS, JR., C. DEAN
ALFORD, KESSEL STELLING, JR.,
BENJAMIN J. TARBUTTON, III,
RICHARD L. TUCKER, LARRY
WALKER, RUTLEDGE A. GRIFFIN,
JR., C. THOMAS HOPKINS, JR.,
NEIL L. PRUITT, JR., and PHILIP
A. WILHEIT, SR in their
official capacities as members
of the Board of Regents of the
University System of Georgia,
Defendants.
'-•
District Couri i
•
••-
•.
-
•
il
Case l:08-cv-0. -5-ODE Document 463 Filed 09/1
.2 Page 2 of 3
JUDGMENT
This action having come before the court, Honorable Orinda D. Evans, United States
District Judge, for consideration of the Defendants' Motion for Leave to Supplement the Detailed
Request for Attorneys' Fees and Costs and the court having granted said motion, and finding that
there are no remaining issues to be decided, it is
Ordered and Adjudged that Defendants, as prevailing parties, are awarded their
reasonable attorneys' fee in the amount of $2,861,348.71 and costs in the amount of
$85,746.39. Judgment is entered in favor of Plaintiff Oxford University Press, Inc. on its claim
that Defendants infringed its copyright in The Power Elite. Judgment is entered in favor of
PlaintiffSage Publications, Inc. on its claims that Defendants infringed its copyrights in The
Sage Handbook of Qualitative Research (Second Edition), The Sage Handbook of Qualitative
Research (Third Edition) and Utilization-Focused Evaluation: The New Century Text (Third
Edition). As to all of Plaintiffs' other claimed copyright infringements, as are referenced in the
Court's Order of May 11, 2012, judgment is entered in Defendants' favor. Injunctive relief is
entered as follows: Defendants are hereby ORDERED and DIRECTED to maintain copyright
policies for Georgia State University which are not inconsistent with the Court's Orders of May
11, 2012 and August 10,2012. Defendants are ORDERED and DIRECTED to disseminate to
faculty and relevant staff at Georgia State the essential points of this Court's aforesaid rulings.
The Court will retain jurisdiction for the sole purpose of enforcing these Orders. Declaratory
relief is entered as follows: (1) The requirement that excerpts be "decidedly small" to tip factor
three in Defendants' favor applies to the aggregate of all excerpts from a book which are
assigned during the term of the course; (2) The holdings of this case do not apply to books
intended solely for instruction of students enrolled in a class. These books would need to be
evaluated by a different fair use analysis; (3) The fair use protection outlined in the Court's
Order of May 11,2012 is conditioned on strict reliance with measures calculated to protect
f^
Case l:08-cv-C
-5-ODE Document 463 Filed 09/c
.2 Page 3 of 3
copyright of excerpts from unwarranted distribution; (4) Although in limited fact situations fair
use may apply even where an unpaid excerpt is not "decidedly small", as explained in the
Order of August 10,2012, significant caution is called for before determining that such a use is
fair use.
Dated at Atlanta, Georgia, this 30th day of September, 2012
JAMES N. HATTEN
CLERK OF COURT
By: s/ A. Coleman
Ashley Coleman, Deputy Clerk
Prepared and Entered
in the Clerk's Office
October 1,2012
James N. Hatten
Clerk of Court
Bv: A. Coleman
Deputy Clerk
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?