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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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

CAMBRIDGE UNIVERSITY
PRESS, et al.,
Plaintiffs,
vs.
MARK P. BECKER, in his
official capacity as
Georgia State University
President, et al.,
Defendants.

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Civil Action File
No. 1:08-CV-1425-ODE

- - Videotaped deposition of CARRIE PACKWOOD
FREEMAN, taken on behalf of the plaintiffs, pursuant to
the stipulations contained herein, before Teresa Bishop,
RPR, RMR, CCR No. B-307, at 1180 Peachtree Street, 16th
Floor, Atlanta, Georgia, on Thursday, April 21, 2011,
commencing at the hour of 3:28 p.m.
_______________________________________________________

Shugart & Bishop
Certified Court Reporters
Suite 140
13 Corporate Square
Atlanta, Georgia 30329
[phone]

EXHIBIT C - 1

CAMBRIDGE vs. BECKER

CARRIE PACKWOOD FREEMAN

APRIL 21, 2011

1

relate to photography and so I think it would have been

2

in the week where we talked about like -- maybe week 7

3

or 8 where we're talking about privacy and

4

confidentiality.

5

fallen as a supplemental reading.

That's where I think it would have

6

Q.

And what do you mean by supplemental?

7

A.

Meaning in addition to the chapters that they

8

have to read.

9

any of the chapters, really, but it's something I

10
11
12

Again, even though they're not tested on

provide to them as extra context.
Q.

And so when did you complete this checklist

that we see here in Exhibit 3?

13

A.

Well, the date on this is November 17th, 2010.

14

Q.

Okay.

15

A.

This paper copy, yes.

16

Q.

And during the -- at the time that you

That's when you completed it?

17

submitted your request to the library to have these

18

excerpts placed on the EReserve system, did you complete

19

a checklist?

20

A.

Yeah, but not on paper.

It's -- it comes up

21

electronically as part of the process the professor goes

22

through.

23

the checklist, is this fair use before you continue and

24

give them the details.

25

You know, it asks you, have you thought about

Like I told you, I tend not to print things

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EXHIBIT C - 2

CAMBRIDGE vs. BECKER

1
2

CARRIE PACKWOOD FREEMAN

APRIL 21, 2011

out that often.
Q.

So when you say it comes up electronically,

3

was it something that actually looks like this that came

4

up electronically?

5

A.

I don't know that it has all these details on

6

it, but you can access that.

7

additional click.
What I think is on there is more where you

8
9

I think you have to do an

have to check yes I have reviewed the checklist and yes

10

I deem that this is fair use.

11

comes up looking like this with these boxes and all that

12

on the first page.

13

and seen that.

14

Q.

Yeah.

But I don't think it

You've probably gone in the system

Let me give you what's been marked

15

previously as Plaintiff's Exhibit 37.

And let me ask,

16

is this what you're talking about, the screens that

17

you --

18

A.

Yeah.

19

Q.

And I direct your attention specifically to --

20

I guess it's about the ninth page of the exhibit

21

headlined electronic reserves request form, electronic

22

book.

23

A.

What page are you on?

24

Q.

Three from the back.

25

MS. QUICKER:

Is that 3185 Bates range,

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EXHIBIT C - 3

CAMBRIDGE vs. BECKER

CARRIE PACKWOOD FREEMAN

APRIL 21, 2011

is that what we're talking about?

1

MR. LARSON:

2

I think it's 31385

3

although it's a little cut off so -- yes,

4

yeah, because the next one is 31386.
THE WITNESS: It's after electronic

5

article and before electronic notes?

6
7
8

BY MR. LARSON:
Q.

That's correct.

Yeah.

Is this --

You'll see there, it's a little hard to read,

9
10

but in the middle section there's a sort of check box

11

that says it falls under fair use according to the fair

12

use checklist I completed?

13

A.

Yeah, I think they've changed -- yes, I think

14

they've changed the format where now it comes up before

15

you get to this page, because I'm kind of remembering

16

what it does recently.
But yes, this is generally the format.

17

But I

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think the fair use checklist now comes at an earlier

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stage.

20

Q.

But yeah.
So at the time when you submitted your request

21

back in 2009 for the Bugeja excerpt, did you actually

22

click or view the checklist itself?

23

A.

I don't remember if I did that for this

24

particular book.

It's possible, and I don't remember, I

25

might -- I had another class at the time, a media theory

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EXHIBIT C - 4

CAMBRIDGE vs. BECKER

CARRIE PACKWOOD FREEMAN

APRIL 21, 2011

1

class, it's possible that I had something else that I

2

was also putting on EReserve and you might look at the

3

checklist once to refresh your memory and then think

4

about the multiple things you're working with and making

5

sure they're in compliance before you move forward, so I

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don't recall.

7

Q.

Okay.

And so I take it then you don't recall

8

at the time at least going through each specific

9

subfactor that we see on Exhibit 3 to determine whether

10

or not it applied to the Bugeja excerpt?
MS. QUICKER: Objection.

11

Asked and

answered.

12
13

THE WITNESS: I don't recall clicking on

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that link and looking at that in context of

15

this particular book.

16

BY MR. LARSON:

17

Q.

Okay.

18

A.

But I may have done that.

19
20

But I just don't

remember because it's been a couple years.
Q.

Understood.

And so on November 17th, the date

21

on Exhibit 3, when you completed the checklist or worked

22

through it, what were you doing then when you did it?

23

A.

I think I had received an e-mail from our

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legal department that was asking about this probably in

25

context of this case, and so wanting us to kind of go

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EXHIBIT C - 5

CAMBRIDGE vs. BECKER

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4

APRIL 21, 2011

back and have a paper record of things.
So that's why I did it in November 17th, 2010.

2
3

CARRIE PACKWOOD FREEMAN

Normally you would never obviously go back.
Q.

And so in what we see in Exhibit 3 then is

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your analysis of the checklist that you did on November

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17th?

7

A.

Yes, right.

8

Q.

And just to be clear, it's not you attempting

9
10
11

to remember what you specifically did back in 2009 when
you used the work, correct?
A.

I probably have similar evaluation skills, so

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it's probably similar.

But it also, it's me looking at

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it in November 17th, 2010 according to the checklist and

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saying, okay, these were the pages I used, you know, do

15

I think they're in compliance and in what way, what's my

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rationale for that.

So --

17

Q.

What's your rationale on November 17th, 2010?

18

A.

Yes.

19

And I hope it would be similar to my

thinking back a year prior.

20

Q.

But you're not sure?

21

A.

Yeah, I don't know.

22

Q.

Is this the only checklist that you filled out

23

in last November?

24

A.

I can't remember if they gave me another one.

25

Q.

And when you -- in your current use of the

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EXHIBIT C - 6