Cambridge University Press et al v. Patton et al
Filing
274
MOTION in Limine To Preclude the Admission of Recently Created Fair Use Checklistsby Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Rains, John)
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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA,
ATLANTA DIVISION
CAMBRIDGE UNIVERSITY PRESS,
OXFORD UNIVERSITY PRESS, INC.,
and SAGE PUBLICATIONS, INC.,
Plaintiffs,
Civil Action No.
1:08-CV-1425-ODE
-v.MARK P. BECKER, in his official
capacity as Georgia State
University President, et al.,
Defendants.
_______________________________/
Videotaped deposition of
DENIS CHARLES GAINTY, Ph.D., taken on behalf of the
defendants, pursuant to the stipulations contained
herein, before Carole E. Poss, RDR, CRR, Certified
Court Reporter, at 1180 Peachtree Street, NE, Atlanta,
Georgia, on the 20th day of April, 2011, commencing at
the hour of 10:13 a.m.
_______________________________________________________
SHUGART & BISHOP
Certified Court Reporters
13 Corporate Square
Suite 140
Atlanta, Georgia 30329
(770) 955-5252
EXHIBIT L - 1
CAMBRIDGE vs. BECKER
DENIS GAINTY
APRIL 20, 2011
21
1
to complete a fair use checklist to determine whether
2
the reading that we're requesting may fairly be used.
3
Q
And in connection with this particular work,
4
"Sino-Korean Tributary Relations Under the Ming," did
5
you complete a fair use checklist prior to requesting
6
that this work be loaded into e-res?
7
A
MS. MOFFITT:
8
9
12
13
Can I have you mark this
document Gainty TX 2?
(Defendants' Exhibit Gainty TX 2 marked for
10
11
I believe I did.
identification.)
BY MS. MOFFITT:
Q
Professor Gainty, the court reporter has
14
handed you what's been marked as Gainty TX 2.
15
Do you
recognize this document?
16
A
I do.
17
Q
And what is it?
18
A
This is a fair use checklist that I completed
19
for -- although it's very hard to read, unfortunately,
20
on this copy, but it -- as I make it out, for the work
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"Sino-Korean Tributary Relations Under the Ming."
22
Q
And given that this particular checklist
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appears to be somewhat illegible, are you able to
24
ascertain from other information contained in this
25
checklist that it is, in fact, the checklist related to
SHUGART & BISHOP
EXHIBIT L - 2
CAMBRIDGE vs. BECKER
DENIS GAINTY
APRIL 20, 2011
22
1
that particular work?
2
A
Yes.
3
Q
What informs you on this checklist that this
4
checklist, in particular, relates to that particular
5
work?
6
A
I can read my name, the name of the course,
7
the author and publisher and portions to be used, the
8
page numbers.
9
Q
When -- did you fill out this checklist?
10
A
I did.
11
Q
When did you fill out this fair use
12
13
14
15
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All of those match the work in question.
checklist?
A
I filled out this fair use checklist in the
last few months.
Q
Now, in the upper right-hand corner it's
dated August 1, 2009.
Do you see that?
17
A
Yes.
18
Q
What does that date reflect?
19
A
I tried, as best I could, to the best of my
20
ability, to recreate the fair use checklist that I
21
would have filled out and I believe I did fill out for
22
the fall 2009 semester.
23
24
25
Q
You stated that you recreated the checklist.
Can you explain why you recreated the checklist?
A
I did not have any longer a copy of the fair
SHUGART & BISHOP
EXHIBIT L - 3
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