Cambridge University Press et al v. Patton et al

Filing 304

REPLY BRIEF re 274 MOTION in Limine To Preclude the Admission of Recently Created Fair Use Checklists filed by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rains, John)

EXHIBIT A

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 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
[phone]

EXHIBIT A - 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 A - 2

CAMBRIDGE vs. BECKER

1
2

MARNI DAVIS

APRIL 13, 2011

to make sure that I was following the rules.
Q.

I don't quite -- I don't quite understand the

3

response.

The instructions were to complete and retain

4

a copy of the checklist, is that correct?

5

A.

That is correct.

6

Q.

And you didn't and what you said is you said

7

because the checklist that was provided on the library

8

web site struck me as equivalent and sufficient to make

9

sure I was following the rules.

10

A.

Right.

11

Q.

What do you mean?

12

A.

Well, as I had said before, before you put --

13

when you go up -- when you go to the library's EReserve

14

web site, before you can put anything up, actually

15

before each document it asks you a series of questions

16

about are they -- about fair use.

17

indicated -- my responses and in addition to the fact

18

that I had seen this before and was familiar with the

19

parameters made me feel confident I was following the

20

rules of fair use as laid out by this checklist and by

21

the rules of -- you know, as currently structured.

And my responses

22

Q.

What are the questions?

23

A.

I don't recall offhand.

24

Q.

Are these questions that are currently -- if

25

you were to go and request that a work be posted on

SHUGART & BISHOP
Page 27

EXHIBIT A - 3

CAMBRIDGE vs. BECKER

MARNI DAVIS

APRIL 13, 2011

1

Georgia State's ERes system, that these are questions

2

that you're asked in order to be able to do that

3

currently?

4

A.

Yes.

5

Q.

And are those questions different than what is

6

contained on the fair use checklist?

7

A.

I don't recall the exact wording.

8

Q.

Okay.

9

Are you required to answer the

questions electronically?

10

A.

Yes.

11

Q.

Do you remember any of the questions that

12

you're asked?

13

A.

No.

14

Q.

Do you know what happens to the data that --

15

A.

No.

16

Q.

Do you remember any of the questions?

17

A.

No.

18

Q.

Are any of the questions -- do any of the

19

questions overlap with any of the statements or the

20

subjects on the fair use checklist?
MS. QUICKER: Objection.

21

answered she doesn't remember.

22
23
24
25

She just

BY MR. KRUGMAN:
Q.

Does that help to refresh your recollection

then?

SHUGART & BISHOP
Page 28

EXHIBIT A - 4

CAMBRIDGE vs. BECKER

MARNI DAVIS

APRIL 13, 2011

1

A.

No.

2

Q.

You just don't know one way or the other?

3

A.

No.

4

Q.

Okay.

So you felt that it was sufficient for

5

you simply to answer whatever the questions were when

6

you requested --

7

A.

Yes.

8

Q.

-- posting of a work --

9

A.

Yes.

10

Q.

-- rather than having to complete and retain a

11

copy of the checklist?

12

A.

Correct.

13

Q.

Did you at the time in fact complete a

14

checklist for each of the works?

15

A.

No.

16

Q.

And why not?

17

A.

Because I felt confident that the information

18

that I had already given and my understanding of the

19

fair use rules were sufficient, that I was following the

20

guidelines even though I hadn't filled out a checklist

21

and retained it.

22
23
24
25

Q.

Was that understanding based on your

understanding of the new policy?
A.

It was based on my understanding of the

checklist specifically, which I had seen previously.

SHUGART & BISHOP
Page 29

EXHIBIT A - 5