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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E X H I B I T D 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. ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action File No. 1:08-CV-1425-ODE - - Videotaped deposition of N. LEE ORR, Ph.D., taken on behalf of the plaintiffs, pursuant to the stipulations contained herein, before Teresa Bishop, RPR, RMR, CCR No. B-307, at 104 Marietta Street, SB-2 Conference Room, Atlanta, Georgia, on Friday, February 4, 2011, commencing at the hour of 12:66 p.m. _______________________________________________________ Shugart & Bishop Certified Court Reporters Suite 140 13 Corporate Square Atlanta, Georgia 30329 (770) 955-5252 EXHIBIT D - 1 1 Q. When was that? 2 A. Wednesday. 3 Q. Okay. At any point in the course of this 4 litigation, were you asked to preserve documents related 5 to the litigation? 6 A. No. 7 Q. And copies of what you had done meaning what? 8 A. For the semesters in question. 9 everything. 10 Q. 11 filled out? 12 A. 13 recently. 14 Okay. 15 Q. Just send copies of what I had done. Because I keep And by done, you mean the checklist that you I didn't start filling them out until I didn't know I needed to actually do that. I see. I was going to ask. You're aware that 16 the suit as it's currently constituted is focusing on 17 semesters from 2009, is that your understanding? 18 A. Yes. 19 Q. And for the -- and I believe you taught in the 20 summer and fall of 2009, is that right? 21 A. Yes. 22 Q. And did you complete checklists for the works 23 that you provided to students on the EReserve system 24 during those two semesters? 25 A. I didn't write on the actual paper. I used SHUGART & BISHOP Page 8 EXHIBIT D - 2 1 the checklist as my guideline for each reading because 2 I'm not -- they don't require us to turn them in. 3 that point about the literal writing I didn't, but I 4 adhered to it and kept it there in mind when I selected 5 the reading. 6 7 Q. And So you -- this was at the beginning of those semesters that you did this? 8 A. Sir? 9 Q. This, the process you just described took 10 place at the beginning of each of those two semesters, 11 summer and fall of 2009? 12 13 14 15 A. No. I look at it with each books I'm considering specifically. Q. Right. And is that something that takes place as the semester goes along or -- 16 A. Yes. 17 Q. Just let me finish the question. 18 A. Right, sorry. 19 Q. And so in those semesters for the readings 20 that you put -- for each of the readings that you put on 21 the EReserve system, you walked through, you had a 22 checklist in front of you and you walked through it to 23 see whether or not the work was a fair use according to 24 the checklist? 25 A. Yes. SHUGART & BISHOP Page 9 EXHIBIT D - 3 1 2 3 Q. boxes or save a form of any kind? A. 6 7 8 9 10 11 12 Yes. I mean, you're correct. Wait, I do keep the electronic form I submit 4 5 But you didn't write down, didn't check any or my notes. Q. And what's the electronic form that you submit? A. After we select the readings and go through the checklist, then we fill out an electronic form for the library. Q. That's a form requesting the library to actually put the work up on the EReserve system? 13 A. Yes. 14 Q. And you save those? 15 A. I have been in the last year or so. At times 16 it was just my notes that I made to get the book, and 17 then I remember -- I thought a while back I need to 18 start saving these electronic submissions, my own copy. 19 Q. And did you save them for the summer and fall 20 2009 semesters or is this something that you started 21 doing in 2010? 22 A. No, I did not save them earlier. 23 recently, yes. 24 But when I realized, or maybe summer. 25 Q. Actually let me -- last -- last fall is 2010? SHUGART & BISHOP Page 10 EXHIBIT D - 4 1 five readings in general that we just 2 talked about. 3 4 BY MR. LARSON: Q. Did you for each of those prior to putting 5 them on EReserves consider them with the fair use 6 checklist? 7 A. 8 9 Yes, I went through the checklist and determined that they fit under the fair use. Q. And you did that mentally but not -- you 10 didn't actually write any checks on the checklist, 11 correct? 12 A. Yes. 13 Q. Are you familiar with the GoSolar system on 14 the school web site? 15 A. Yes. 16 Q. I'll provide you what's been marked Orr 17 18 Exhibit 2 and ask you to look at the -MR. LARSON: 19 yours back? 20 Actually, Tony, can I see I think I gave you more pages than -- 21 That matches now. 22 MR. ASKEW: Hold on just a second. 23 me see what he's got. 24 Okay. 25 Okay. Let Hold on. BY MR. LARSON: SHUGART & BISHOP Page 76 EXHIBIT D - 5 1 weighs in favor of fair use side? 2 A. Yes. 3 Q. And when was -- when did that happen? 4 A. It happens most every term. And I don't 5 remember the specific books. 6 Guide For Research on J. S. Bach" or a musical score 7 especially, I'll put musical scores. 8 9 10 Q. I will put books like "The For "The Guide To Research For J.S. Bach" did you actually consult a checklist for that or is that one where you just decided to put -- 11 A. No, I just put that on reserve. 12 Q. And my question, do you recall any that you've 13 put on hard copy reserve specifically as a result of 14 doing the checklist and determining that it wasn't a 15 fair use? 16 A. Right now I can't remember the exact process. 17 In general, because I've done it for a while, if a book 18 strikes me it's not going to make it or stretching it, I 19 just don't have to go through the checklist, I just take 20 it down and put it on hard copy reserve. 21 Q. At a certain point, I think you indicated 22 earlier that you started actually writing on the 23 checklist and saving those. 24 A. Yes. 25 Q. Is that right? When was that? SHUGART & BISHOP Page 91 EXHIBIT D - 6 1 A. That was earlier this week when I understood 2 it was important to do that. And I did it Tuesday with 3 the books I took over there. Did it -- Tuesday or 4 Wednesday. 5 Q. Okay. 6 A. Filled it out by hand, yes. 7 Q. Uh-huh. 8 Maybe it was Wednesday. And that was the first time? And that came as a result of your meeting with counsel for this deposition? 9 A. Yes. 10 Q. Have you ever used coursepacks in your 11 courses? 12 A. The reserve reading copying? 13 Q. Well, do you have an understanding of what 14 coursepacks are? 15 A. Tell me. 16 Q. Are you familiar with the process of putting 17 articles or excerpts, binding them together at a copy 18 shop or bookstore? 19 A. Yes. No, I haven't done it for years. Years 20 and years. 21 Q. You did do it at some point? 22 A. At some point years ago, and then copyright 23 concerns so I stopped and put the books, hard copy in 24 the library on reserve. 25 started doing that with the guidelines and the And then when EReserves began I SHUGART & BISHOP Page 92 EXHIBIT D - 7

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