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 H 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 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 (770) 955-5252 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 3 EReserves? 4 A. It would appear so from this. 5 Q. If you could, please, describe the procedure 6 by which -- that you went through following the adoption 7 of the new policy on copyright at Georgia State with 8 respect to requesting materials to be posted on 9 EReserve? 10 A. Well, when I went to request the postings on 11 the online system, I logged in and I looked at the fair 12 use checklist and read it carefully and determined 13 mentally that the readings abided by fair use, that the 14 majority of checks were in the left hand column, thereby 15 indicating that they were -- that the readings were fair 16 use. 17 clicked send. 18 19 And then I entered all of the information and Q. You said that you determined mentally that the reading abided by fair use? 20 A. That's correct. 21 Q. What does that -- what do you mean when you 22 23 say you determined mentally? A. Well, I neglected to actually print out the 24 list and store it. 25 I filled it out sort of in my head by looking at it. SHUGART & BISHOP Page 36 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 4 checklist for each of the works that are identified in 5 your syllabus for political science 3450? MS. MOFFITT: Object to the form of the 6 question. 7 The question is vague. 8 You can answer. 9 THE WITNESS: I did not complete a 10 physical fair use checklist. But I did 11 take the process seriously and fill it out 12 in my mind before -- to verify that the 13 readings were fair use. And because the checks were 14 15 overwhelmingly in the left hand column, it 16 seemed a rather straight forward 17 determination in my judgment. 18 19 BY MR. KRUGMAN: Q. Am I correct that the fair use determination 20 that you made prior to requesting the library to post 21 materials on Georgia State's EReserve system were based 22 on the fair use checklists? 23 A. Yes. 24 Q. Other than the fair use checklist, were there 25 any other considerations that went into your decision to SHUGART & BISHOP Page 37 EXHIBIT H - 3

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