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 CHARLES HANKLA, taken
on behalf of the plaintiffs, pursuant to the
stipulations contained herein, before Teresa Bishop,
RPR, RMR, CCR No. B-307, at 1180 Peachtree Street, 16th
Floor, Atlanta, Georgia, on Wednesday, April 20, 2011,
commencing at the hour of 1:09 p.m.
_______________________________________________________

Shugart & Bishop
Certified Court Reporters
Suite 140
13 Corporate Square
Atlanta, Georgia 30329
[phone]

EXHIBIT H - 1

CAMBRIDGE vs. BECKER

1

CHARLES HANKLA

it was listed under the editors.
Okay.

APRIL 20, 2011

That often happens.

2

Q.

So this one was made available on

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EReserves?

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A.

It would appear so from this.

5

Q.

If you could, please, describe the procedure

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by which -- that you went through following the adoption

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of the new policy on copyright at Georgia State with

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respect to requesting materials to be posted on

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EReserve?

10

A.

Well, when I went to request the postings on

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the online system, I logged in and I looked at the fair

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use checklist and read it carefully and determined

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mentally that the readings abided by fair use, that the

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majority of checks were in the left hand column, thereby

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indicating that they were -- that the readings were fair

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use.

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clicked send.

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And then I entered all of the information and

Q.

You said that you determined mentally that the

reading abided by fair use?

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A.

That's correct.

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Q.

What does that -- what do you mean when you

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say you determined mentally?
A.

Well, I neglected to actually print out the

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list and store it.

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I filled it out sort of in my head

by looking at it.

SHUGART & BISHOP
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EXHIBIT H - 2

CAMBRIDGE vs. BECKER

CHARLES HANKLA

APRIL 20, 2011

1

Q.

So you did not --

2

A.

Prior to the submissions.

3

Q.

So you did not actually complete a fair use

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checklist for each of the works that are identified in

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your syllabus for political science 3450?
MS. MOFFITT: Object to the form of the

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question.

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The question is vague.

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You can answer.

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THE WITNESS:

I did not complete a

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physical fair use checklist.

But I did

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take the process seriously and fill it out

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in my mind before -- to verify that the

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readings were fair use.
And because the checks were

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overwhelmingly in the left hand column, it

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seemed a rather straight forward

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determination in my judgment.

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BY MR. KRUGMAN:
Q.

Am I correct that the fair use determination

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that you made prior to requesting the library to post

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materials on Georgia State's EReserve system were based

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on the fair use checklists?

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A.

Yes.

24

Q.

Other than the fair use checklist, were there

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any other considerations that went into your decision to

SHUGART & BISHOP
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EXHIBIT H - 3