Cambridge University Press et al v. Patton et al

Filing 316

DEPOSITION of Mark P. Becker, Ph.D. taken on April 22, 2011 by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Rains, John)

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on the Use of Copyrighted Works
Education and Research

in

Policy

As

system devoted

to providing

and

basic

the highest

and

undergraduate

quality

research scholarly

and

graduate education
creative endeavors

to

students

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pursuing

leading-edge

intellectual

System of Georgia is committed to respecting the rights of
that
the
holders and complying with copyright
law The University System of Georgia recognizes
holders are balanced
under federal copyright law
art those rights
nghts of copyright
by limitations
the right to make
fair use of copyrighted
materials and the right to perlbrm or display works In the

copyright
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good

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System of Georgia facilitates compliance with copyright law and where appropriate
full
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by faculty

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whether use of
specific situation would be
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facilitates
use of materials currently licensed by the University System of Georgia and provides information
on licensing of third-party
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The

have little choice but to absorb
the bad news and change
your plans Much more
is when
copyright
however
you exert an honest effort but you simply cannot find
When you cannot identify or locate the current owner the copyright
owner or your efforts
go unanswered
what do you do when you reach that
materials
are sometimes
called orphan works
In the meantime
In

some

complex

situations

and

you might

frustrating

dead end

mysterious

Return to

fair

the

of

quest

use

When

fair
market for
you originally evaluated
use you may have focused on an assumption about the potential
the work in question and the possible harm to that market caused by your use of the work If you discover that
market for this work you should
the fourth factor
in the fair use analysis
there is truly no permissions
reevaluate
You may find that this factor now weighs in favor of fair use For more Information
visit the fair use pages of the

USO

Copyright

Replace
If

you

public

the materials

dead

reach

materials

Policy

that

domain

works

with alternative

end

will satisfy

ask yourself

you should

your goals

and available

for

whether

many cases

In

use without

those

you can

copyright

specific

achieve

restriction

copyrighted

your desired

or from other

end

copyright

works

are the only

results

with

works

in

the

owners

use of the copyrighted works
your planned
Internet access
and
Your ambitious plans may have involved scanning
digitizing
uploading dissemination
for students
and colleagues causing
the copyright
owner to deny permission for such broad
multiple copies
uses changing your ambitious plans to something more modest and controllable may either change the
Alter

copyright

scope

of

holders mind or increase
or

access

for

potential

the

rapid

likelihood

digital

that

in the number
of copies
you are within fair use Reigning
and dissemination
may lip the balance in favor of fair

duplication

use
Revised
Copyright

for

use by the University System of Georgia based upon the fair use resources
pmvided by the
Office
at Columbia
University
httpItwww.copyrlgJf.golupbLtedu/orphafl-WOrkS

Advisory

02009 Board
Contact

of

USQ

Regards

of

Disclaimer

270

Washington
U.S.A

Street

Content Source

USG

the University

System

of

GeorgIa

Privacy

Atlanta

GA

30334

Copyright

httpJ/www.usg.edu/copyrightladdirionat

resources/orphan

works/

Exhibit 4 - 18

Appendix
Page

18

6/12/2009

Case 108-cv-01425-ODE
rkL%ssauaLa

ssuw.C3

LCmLK1 met

ntversiy

TEACH
For

more information

Board

Contact

of

USG

uau

Sy

235-2

Filed

09/30/10

Page 19

of 19

5-

LopycIgLIL

stern

Gcorqia

of

Coprc3h

Pokoy

Act
requirements

regarding

Georgias Guide to the

2009

Document

Regents.Qf

Disclaimer

270

Washington
U.S.A

Street

Content Source

USG

of the

TEACH

Act please

visit

the University

System

of

TEACH Act
the

University

System

of

3eorgia

Privacy

Atlanta

GA

30334

copyright

http//www.usg.edu/copyrightJadditionaIresources/teachact/

Exhibit 4 - 19

Appendix
Page

19

6112/2009