Cambridge University Press et al v. Patton et al

Filing 290

RESPONSE in Opposition re 274 MOTION in Limine To Preclude the Admission of Recently Created Fair Use Checklists filed by J. L. Albert, Mark P. Becker, Kenneth R. Bernard, Jr, Larry R. Ellis, Rutledge A. Griffin, Jr, Robert F. Hatcher, C. Thomas Hopkins, Jr, W. Mansfield Jennings, Jr, James R. Jolly, Donald M. Leebern, Jr, William NeSmith, Jr, Risa Palm, Doreen Stiles Poitevint, Willis J. Potts, Jr, Neil L. Pruitt, Jr, Wanda Yancey Rodwell, Nancy Seamans, Kessel Stelling, Jr, Benjamin J. Tarbutton, III, Richard L. Tucker, Larry Walker, Philip A. Wilheit, Sr. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Bates, Mary)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

CAMBRIDGE UNIVERSITY
PRESS, et al.,
Plaintiffs,

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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 N. LEE ORR, Ph.D.,
taken on behalf of the plaintiffs, pursuant to the
stipulations contained herein, before Teresa Bishop,
RPR, RMR, CCR No. B-307, at 104 Marietta Street, SB-2
Conference Room, Atlanta, Georgia, on Friday, February
4, 2011, commencing at the hour of 12:66 p.m.
_______________________________________________________

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

SHUGART & BISHOP

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I N D E X

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Examinations

Page

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EXAMINATION BY MR. LARSON

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EXAMINATION BY MR. ASKEW

93

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FURTHER EXAMINATION BY MR. LARSON

98

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E X H I B I T S

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No.

Description

Page

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CV and bio from Georgia State web
site for

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Dr. Orr

printout from the GoSolar system

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for courses from the summer and

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fall semesters of 2009.

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20

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25

cover page and table of contents

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from "Cambridge Companion To Beethoven"
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music 8860

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syllabus for summer 2009 class

cover page and table of contents

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From "Cambridge Companion To Schubert"
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cover and table of contents
From "Liszt Sonata In B Minor"

SHUGART & BISHOP

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1

7

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From "Cambridge Companion To Berlioz"
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5

cover page and table of contents

cover page and table of contents

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From "The Music Of Berlioz"
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cover page and table of contents

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From "Cambridge Companion To

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60

Mendelssohn"

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9

Schumann"
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60

From "Cambridge Companion To

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cover page and table of contents

syllabus from music 8840 for

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fall of 2009 semester
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cover page and table of contents

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from "North German Church Music

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71

In The Age Of Buxtehude"

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13

cover page and table of contents

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from "The Organ Is A Mirror Of

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71

Its Time"

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syllabus for music 8840 from the

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summer of 2008
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article from dailyreportonline.com

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dated April 18, 2008 by Janet L. Conley

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Dixon Exhibits
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current copyright policy for GSU

SHUGART & BISHOP

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APPEARANCES OF COUNSEL:

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FOR THE PLAINTIFFS:

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TODD D. LARSON
ATTORNEY AT LAW
WEIL GOTSHAL & MANGES
767 FIFTH AVENUE
NEW YORK, NY 10153-0119
212.310.8238
[e-mail]

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FOR THE DEFENDANTS:
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ANTHONY B. ASKEW
KATIE BATES
ATTORNEYS AT LAW
KING & SPALDING
1180 PEACHTREE STREET, N.E.
ATLANTA, GA 30309-3521
404.572.2530
[e-mail]

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MARY JO VOLKERT
GWEN SPRATT
ATTORNEYS AT LAW
GEORGIA STATE UNIVERSITY
OFFICE OF LEGAL AFFAIRS
P.O. BOX 3987
ATLANTA, GA. 30302-3987

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ALSO PRESENT:

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KENNITH DRAKE, VIDEOGRAPHER
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SHUGART & BISHOP

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1

Q.

When was that?

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A.

Wednesday.

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Q.

Okay.

At any point in the course of this

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litigation, were you asked to preserve documents related

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to the litigation?

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A.

No.

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Q.

And copies of what you had done meaning what?

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A.

For the semesters in question.

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Just send copies of what I had done.

Because I keep

everything.
Q.

And by done, you mean the checklist that you

filled out?
A.

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recently.

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I didn't start filling them out until

Okay.

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Q.

I didn't know I needed to actually do that.

I see.

I was going to ask.

You're aware that

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the suit as it's currently constituted is focusing on

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semesters from 2009, is that your understanding?

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A.

Yes.

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Q.

And for the -- and I believe you taught in the

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summer and fall of 2009, is that right?

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A.

Yes.

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Q.

And did you complete checklists for the works

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that you provided to students on the EReserve system

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during those two semesters?

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A.

I didn't write on the actual paper.

SHUGART & BISHOP

I used

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the checklist as my guideline for each reading because

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I'm not -- they don't require us to turn them in.

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that point about the literal writing I didn't, but I

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adhered to it and kept it there in mind when I selected

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the reading.

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Q.

And

So you -- this was at the beginning of those

semesters that you did this?

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A.

Sir?

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Q.

This, the process you just described took

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place at the beginning of each of those two semesters,

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summer and fall of 2009?

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A.

No.

I look at it with each books I'm

considering specifically.
Q.

Right.

And is that something that takes place

as the semester goes along or --

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A.

Yes.

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Q.

Just let me finish the question.

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A.

Right, sorry.

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Q.

And so in those semesters for the readings

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that you put -- for each of the readings that you put on

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the EReserve system, you walked through, you had a

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checklist in front of you and you walked through it to

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see whether or not the work was a fair use according to

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the checklist?

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A.

Yes.

SHUGART & BISHOP