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 F 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 MARNI DAVIS, taken on behalf of the plaintiffs, pursuant to the stipulations contained herein, before Teresa Bishop, RPR, RMR, CCR No. B-307, at 75 Piedmont Avenue Street, Room 1130, Atlanta, Georgia, on Wednesday, April 13, 2011, commencing at the hour of 1:54 p.m. _______________________________________________________ Shugart & Bishop Certified Court Reporters Suite 140 13 Corporate Square Atlanta, Georgia 30329 (770) 955-5252 EXHIBIT F - 1 CAMBRIDGE vs. BECKER 1 Q. APRIL 13, 2011 recently. 2 MARNI DAVIS 3 Okay. And when you speak about the fair use checklist, you're referring to -- 4 A. Page 7 and 8. 5 Q. -- pages 7 and 8? 6 A. Yes. 7 Q. Of Dixon Exhibit Number 2? 8 A. Yes. 9 Q. Is that correct? 10 A. That is correct. 11 Q. Looking at page 7 under the instructions, it 12 states that complete and retain a copy of this checklist 13 for each fair use of a copyrighted work in order to 14 establish a reasonable and good faith attempt at 15 applying fair use should any dispute regarding such use 16 arise. The question I have is, did you do that in 17 18 connection with the checklists that you filled out in 19 connection with requesting works to be posted on Georgia 20 State's ERes system? 21 A. 22 EReserve. 23 Q. Okay. And why did you not? 24 A. Because the checklist that was provided on the 25 No, I didn't, not when I put the stuff up on library web site struck me as equivalent and sufficient SHUGART & BISHOP Page 26 EXHIBIT F - 2 CAMBRIDGE vs. BECKER 1 APRIL 13, 2011 utilized in the past -- strike that. Do you recall which books that you've posted 2 3 MARNI DAVIS portions of on the ULearn system in the past? 4 A. Yes. 5 Q. What are they? 6 A. For example, I very recently posted one of 7 Phillip Roth's short stories from "Good-Bye Columbus", 8 "Defender Of The Faith". 9 10 Q. Do you know whether that is, that short story is copyrighted? 11 A. Yes, I assume that it is, yes. 12 Q. And did you complete a fair use checklist? 13 A. No. 14 Q. Why not? 15 A. Because I had in the past looked at the fair 16 use checklist and gone through it and I felt confident 17 based on my knowledge of the fair use checklist that it 18 was compliant. That I was compliant. 19 Q. And when was that posted? 20 A. It would have been posted at the beginning of 21 this semester. 22 Q. Of the -- 23 A. Of -- so I would have posted it in January of 24 this year. 25 Q. What other books have you posted portions of SHUGART & BISHOP Page 53 EXHIBIT F - 3 CAMBRIDGE vs. BECKER 1 Q. MARNI DAVIS APRIL 13, 2011 And then we move to September 16th, "The 2 American Paradox". And there were three works that 3 students were required to read for that week, is that 4 correct? 5 A. Two. 6 Q. Oh, I'm sorry. 7 Yeah, two. One by Edmund Morgan and one by Barbara Jeanne Fields? 8 A. Yes. 9 Q. Okay. The first one, Edmund Morgan, "American 10 Slavery, American Freedom, The Ordeal Of Colonial 11 Virginia", was that available on the ERes system at 12 Georgia State? 13 A. I did not put it on EReserve. It's a 14 monograph, it was available for purchase in the 15 bookstore, and it was the hard copy of the library -- 16 library's hard copy was on reserve. 17 Q. Okay. The next entry is for that week Barbara 18 Jeanne Fields "Idealogy And Race In American History", 19 "Region, Race And Reconstruction Essays In Honor Of C. 20 Vann Woodward". Was that a work that was available on the ERes 21 22 system? 23 A. Yes. 24 Q. And that was an assigned work that you caused 25 the library to post on that system, is that correct? SHUGART & BISHOP Page 67 EXHIBIT F - 4 CAMBRIDGE vs. BECKER MARNI DAVIS APRIL 13, 2011 1 A. Correct. 2 Q. And as I understand your testimony before, you 3 did not formally fill out a checklist for that 4 particular work at the time you requested it to be 5 posted? 6 A. That's correct. 7 Q. And next is -- for the following week there 8 are two works. Before I go on, that particular one that we 9 10 just talked about, Barbara Jeanne Fields, "Idealogy And 11 Race In American History", that was published by Oxford 12 University Press, is that correct? 13 A. That is correct. 14 Q. Okay. 15 September 23 there were two works assigned as required reading for the students, correct? 16 A. Yes. 17 Q. The first Gordon Wood, "The Radicalism Of The 18 American Revolution". 19 to students? 20 21 22 A. And how was that made available There were copies available in the bookstore. The library's hard copy was available on reserve. Q. And then the next one, Gary B. Nash, "Social 23 Change And The Growth Of Prerevolutionary Urban 24 Radicalism". 25 Looks like pages 3 through 36 of this. How was this made available to students? SHUGART & BISHOP Page 68 EXHIBIT F - 5 CAMBRIDGE vs. BECKER MARNI DAVIS APRIL 13, 2011 1 A. Correct. 2 Q. Except one is free to the student, is that 3 correct, meaning the ERes? A. 4 I don't think of it as free to the student 5 because they still have to pay for their resources that 6 allow them to print it. Q. 7 8 But the student doesn't have to actually go to the bookstore and pay for a copy of the -- 9 A. That's correct. 10 Q. -- materials that he or she prints from the 11 ERes system, is that correct? 12 A. Yes. 13 Q. I hand you what's been marked as Davis Exhibit 14 8. And is this a fair use checklist that you completed 15 on or about November 29th of 2010 for the history 7010 16 course that we've been discussing that you taught in the 17 fall of 2009? 18 A. Yes. 19 Q. And as you testified before, you did not 20 complete a checklist back in 2009 prior to requesting 21 that this -- that the work referenced here be posted on 22 the ERes system, is that correct? 23 A. That's correct. 24 Q. Okay. 25 And Davis Exhibit 8, when you say the title of copyrighted work is "Slave Songs And Slave SHUGART & BISHOP Page 80 EXHIBIT F - 6

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