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
- - -
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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