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 E 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 (770) 955-5252 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 SHUGART & BISHOP Page 13 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 SHUGART & BISHOP Page 14 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. SHUGART & BISHOP Page 44 EXHIBIT E - 4

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