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
[phone]

EXHIBIT L - 1

CAMBRIDGE vs. BECKER

DENIS GAINTY

APRIL 20, 2011
21

1

to complete a fair use checklist to determine whether

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the reading that we're requesting may fairly be used.

3

Q

And in connection with this particular work,

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"Sino-Korean Tributary Relations Under the Ming," did

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you complete a fair use checklist prior to requesting

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that this work be loaded into e-res?

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A

MS. MOFFITT:

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9

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Can I have you mark this

document Gainty TX 2?
(Defendants' Exhibit Gainty TX 2 marked for

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I believe I did.

identification.)
BY MS. MOFFITT:
Q

Professor Gainty, the court reporter has

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handed you what's been marked as Gainty TX 2.

15

Do you

recognize this document?

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A

I do.

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Q

And what is it?

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A

This is a fair use checklist that I completed

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for -- although it's very hard to read, unfortunately,

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on this copy, but it -- as I make it out, for the work

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"Sino-Korean Tributary Relations Under the Ming."

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Q

And given that this particular checklist

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appears to be somewhat illegible, are you able to

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ascertain from other information contained in this

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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

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checklist, in particular, relates to that particular

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work?

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A

I can read my name, the name of the course,

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the author and publisher and portions to be used, the

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page numbers.

9

Q

When -- did you fill out this checklist?

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A

I did.

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Q

When did you fill out this fair use

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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?

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A

Yes.

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Q

What does that date reflect?

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A

I tried, as best I could, to the best of my

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ability, to recreate the fair use checklist that I

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would have filled out and I believe I did fill out for

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the fall 2009 semester.

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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