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
LOUIS A. RUPRECHT, JR., Ph.D., taken on behalf of the
plaintiffs, pursuant to the stipulations contained
herein, before Carole E. Poss, RDR, CRR, Certified
Court Reporter, at 1180 Peachtree Street, NE, Atlanta,
Georgia, on the 21st day of April, 2011, commencing at
the hour of 1:32 p.m.
_______________________________________________________
SHUGART & BISHOP
Certified Court Reporters
13 Corporate Square
Suite 140
Atlanta, Georgia 30329
[phone]

EXHIBIT E - 1

CAMBRIDGE vs. BECKER

LOUIS A. RUPRECHT, JR., Ph.D.

APRIL 21, 2011

1

I've completed this and put all the books on reserve

2

that I then just go to the computer -- I sort of have

3

the syllabus, and I just work through everything I've

4

marked as a reserve, and I make one by one all of my

5

requests at that time, both books and in this case the

6

chapter.

7

Q

Understood.

So when you did that process,

8

was the Zeitlin chapter one that you requested that the

9

library place on e-reserves?

10

A

Yes, it was.

11

Q

And in the process of doing that, did you

12

fill out a fair use checklist for that chapter?

13

A

I worked through one.

I carry -- because

14

we're going green, I don't make out a separate one for

15

each reading on the syllabus, but I have the master

16

with me, and I go through each fair use checklist and

17

then confirm that I've done so when I make the request.

18
19

Q

So when you say you worked through it, what

do you mean?

20

A

Well, it's like a two-page -- you know,

21

there's a whole cluster of questions, I think in four

22

different areas, and you sort of work through all of

23

them.

24

clear conclusion about whether this falls within fair

25

use.

And then at the end of that you have a pretty

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EXHIBIT E - 2

CAMBRIDGE vs. BECKER

1

Q

LOUIS A. RUPRECHT, JR., Ph.D.

APRIL 21, 2011

And so you -- I don't want to put words in

2

your mouth.

3

right.

4

actually check the boxes on the list, but you looked at

5

it and sort of in your head made a determination of

6

which elements applied or which boxes you would check?

7

You tell me if I'm understanding you

You, for each -- for the work you didn't

A

Because we're going green, I don't print out

8

a separate checklist for each article anymore, but I

9

did make a mental checklist for each -- I mean, I work

10

through the process for each thing I do, I put on

11

e-reserve.

12

Q

Okay.

You work through it mentally but

13

without actually physically checking any boxes with a

14

pen?

15

A

Correct, but with the master with me -- with

16

the syllabus and the master, sitting at a computer, I

17

make all of my e-reserve requests at the same time.

18

Q

Understood.

So at the time then there was

19

no -- at the end of that process, there was no printed

20

out, marked-up checklist specifically devoted to this

21

Zeitlin chapter, correct?

22

A

That is correct.

23

Q

And then when -- later, in the fall of 2010,

24

when you presented a checklist to counsel, or to the

25

university, you then did actually physically fill out a

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EXHIBIT E - 3

CAMBRIDGE vs. BECKER

LOUIS A. RUPRECHT, JR., Ph.D.

APRIL 21, 2011

1

all this stuff.

2

the -- this was in the packet or part of our

3

orientation materials, but I can't say that I remember

4

looking at it then.

5

Q

I would assume that this is one of

And just -- if you can flip through to --

6

you'll see the pages are numbered at the top up through

7

19?

8

A

Yeah.

9

Q

If you can flip to 7 to 19?

10

A

Uh-huh, sure.

11

Q

7 of 19?

12

A

Uh-huh.

13

Q

Do you recognize that page?

14

A

Yeah.

This should be two pages, actually.

15

Yeah.

16

syllabus when I start doing electronic reserve

17

requests.

18

This is the thing I have with me with my

Q

And then you'll see, under "Instructions," it

19

says, "Complete and retain a copy of this checklist for

20

each fair use of a copyrighted work."

21

from what you told me before, you did not do that,

22

correct?

23

A

Not in 2009.

I gather you --

I did when I first got here.

24

But as we've gone green and tried to reduce our

25

redundant paper output, I no longer do.

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EXHIBIT E - 4