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 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
[phone]

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
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EXHIBIT D - 2

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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.

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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?

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EXHIBIT D - 4

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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:

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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:

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EXHIBIT D - 5

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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?

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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

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EXHIBIT D - 7