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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?