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)

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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 (770) 955-5252 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

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