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

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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
[phone]

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

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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
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EXHIBIT F - 6