Cambridge University Press et al v. Patton et al

Filing 319

DEPOSITION of Patricia Dixon, Ph.D. taken on April 20, 2011 by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Exhibit Defendant Ex. 20, # 2 Exhibit Defendant Ex. 21, # 3 Exhibit Defendant Ex. 22, # 4 Exhibit 20, # 5 Exhibit 21, # 6 Exhibit 22 -part 1, # 7 Exhibit 22- part2, # 8 Exhibit Plaintiff Ex. 18, # 9 Exhibit Previously Marked Plaintiff Ex. 1, # 10 Exhibit Previously Marked Plaintiff Ex. 2, # 11 Exhibit Previously Marked Plaintiff Ex. 4, # 12 Exhibit Previously Marked Plaintiff Ex. 8, # 13 Exhibit Previously Marked Plaintiff Ex. 10, # 14 Exhibit Previously Marked Plaintiff Ex. 11, # 15 Exhibit Previously Marked Plaintiff Ex. 12, # 16 Exhibit Previously Marked Plaintiff Ex. 14, # 17 Exhibit Previously Marked Plaintiff Ex. 15, # 18 Exhibit Previously Marked Plaintiff Ex. 16, # 19 Exhibit Previously Marked Plaintiff Ex. 17, # 20 Exhibit Previously Marked Plaintiff Ex. 17 - Seamans)(Rains, John)

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E X H I B I T 17 Use Fair Name Class Title Term Work Author and Publisher use is from the permission Families Pipes pages fewer rights use fair deciding determinative of fair use fair only those use facts Regents use outnumber those against if favor use Not apply consult to your the Legal have questions reliance on the total facts of the facts No use Affairs will fair seek should instructors split to all it should instructors are evenly justified that they fair use as opposed fair is pp 73-96 chp the factors should Instructors of fair favor of Publications children/sage counts Where in whether Board Office of the 2009 Fall the factors half holder Check situation any given or at the in timer favoring than the total facts weighing against 3000 3000 Black 29 2010 McAdoo the factors Where justified consider e.g Where Instructions MS Family Black Harriet be used to MS Family American African Copyrighted Portions American African or Project of November Date Dixon Patricia Course and Checklist weighing be present in single item or factor office at their institution analysis of the regarding is four factors For more information regarding the fair use factors see the please use sections fair of the Works in Education and Research for the University System Policy on the Use of Copyrighted which can be found on the web at http//www.usg.edu/copyrightl of Georgia Complete and retain reasonable establish such regarding for each fair use of work in order copy of this checklist copyrighted and good faith attempt at applying fair use should any dispute use arise Factor El Nonprofit Educational Teaching including for classroom Research Reporting for new Use is Factor Against Profiting activity from use For publication For public distribution work use changes or purpose Use exceeds necessary to in achieve that to educational educational Fair Use Non-transformative Study Weighs Weighs Use Entertainment or Parody necessary intended copies Comment News utility Personal multiple use Transformative of the Commercial or Scholarship Criticism and Character Favor of Fair Use in Weighs Purpose which achieve is your intended purpose your purpose Favor of Fair Use Factor Exhibit 17 - 1 Weighs Against Fair Use to Weighs Factual Weighs work Published 121 Favor of Fair Use in or educational creative work Highly Factor Weighs Favor of Fair Use in Amount Factor Weighs portion of work Small 121 Portion used to significant El Amount to Factor work is whole such as Use or being No Effect on market or effect for work copyrighted marketed by the product potential market holder Numerous in Repeated unavailable for or permission copies demonstrably reading Required classroom that market for the work or distributed or distributed use the affects Supplemental classroom or few copies User owns lawfully purchased copy made acquired of original User does not own or work Restricted access to students other appropriate 121 reasonably made or long-term One 121 copyrighted available copyright or permission Fair Use or derivative No print Use Fair impairs market or Significantly work Against group Factor Revised Columbia Weighs for in or Favor of Fair Use or purchased Unrestricted reading lawfully acquired copy of original access work on the web or other public forum Factor Weighs Against Fair Use use by the University System of Georgia based upon the Copyright Advisory Office Fair Use Checklist http //www.copyright.columbia.edu/fair-use-checkjist Universitys Exhibit 17 - 2 for or subject on Market for Original Licensing Licensing necessary research Weighs Against Weighs stimulates market for original longer or taught Favor of Fair Use market similar more than comment Factor work El is used work to work criticism Favor of Fair Use in in significant potential the taken of Amount Factor No Fair Use taught Weighs Weighs heart tailored Use work central is test Used or entire portion Portion used research Fair Against of Portion Substantiality Large as purpose being Weighs fiction workbook work Weighs Against or narrowly comment subject and used not central entire educational criticism El is taken Factor Favor of Fair Use in art music novels films plays poetry objectives Consumable El Use Fair Against Unpublished work work nonfiction to Important Work Nature of Copyrighted Factor at

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