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
(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
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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
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