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 Exhibit 17 - 1 the February 23 2009 Georgia State University Office of Legal Affairs Hall GaStateOO2l Copyright Policy Cynthia New USC Copyright in instruction 120 Exhibit 17 - 2 is to it is large field and this isnt all specific situations GaStateOO2l any questions or 404-413-0500 Call Legal Affairs with Policy on use of copyrighted materials by an instructor and the USC Primarilyfocused there Copyright Disclaimer 121 Exhibit 17 - 3 in recordings Compilations of above works Architectural works Sound works other audiovisual choreographic Dramatic works Pantomimes Musical works Motion pictures Pictorial graphic sculptural works works tangible form of expression Literary works Includes Fixed Original works of authorship GaStateOO2l What can be copyrighted 122 Exhibit 17 - 4 in names form of expression listings of ingredients or contents lettering coloring in is GaStateOO2l 123 common Works by U.S government employees property with no original authorship Consisting entirely of information that devices Ideas procedures methods systems processes concepts principles discoveries Mere typographic ornamentation mere variations short phrases slogans fixed tangible Familiar symbols/designs Titles Not What cannot be protected Exhibit 17 - 5 notice was required commercial cqyirqct but U.S if intent is Copyright Office common Registration at Year Author 124 not GaStateOO2l is conferred upon new works Now But recommend providing notice Previously notice for needed does one get copyright creation/fixation No How Exhibit 17 - 6 in copyright or reproduce like fair GaStateOO2l use Authors of visual works have rights of attribution and integrity Subject to statutory exceptions Distribute copies to the public Perform publicly Adapt derivative works translations Display publicly Copy Copyright holder has exclusive rights to Rights conferred 125 Exhibit 17 - 7 vs Author or reproduce like fair GaStateOOZl use Authors of visual works have rights of attribution and integrity Subject to statutory exceptions Distribute copies to the public Perform publicly Adapt derivative works translations Display publicly Copy Copyright holder has exclusive rights to Copyright Holder 126 Exhibit 17 - 8 Copyright Policy Intellectual Property Policy and students GaStateOO2l 127 Focused on new works created by employees Compare GSU teaching research and service in copyright holders and use of copyrighted works Focused on respecting rights of Education and Research www usg .ed u/copyright in Policy on the Use of Copyrighted Works USG Exhibit 17 - 9 Copyright Policy checklist Office of Legal Affairs others Individuals to counsel faculty staff GaStateOO2l 128 provide information on licensing Use licensed Fair use of materials currently see use staff Facilitates analysis TooJs to assist in copyright fair educate students faculty on copyright Inform USG Exhibit 17 - 10 use attribution Lawful copy citation work checklist for each on Use relying out Fair fill or fair Instructors should use needed use GaStateOO2l fair whether permissions know details of work Reserves Guidelines on Electronic Instructors evaluate USC 129 Exhibit 17 - 11 No charge for student use rather than scanning material Wherever possible link end of each GaStateOO2l 130 or post references materials at the semester Remove terminated at the end of the semester access cont restricted with Reserves Guidelines on Electronic Password USC Exhibit 17 - 12 work in U.S.C Basis if 107 but now at 17 fair not an determined to be common law infringement is GaStateOO2l use purposes of criticism reporting teaching for Use scholarship or research comment news Copying Fair 131 Exhibit 17 - 13 Use Columbia University GaS tateOO2l 132 at market compiled by potential used Kenneth Crews formerly of IUPUI and now originally Checklist Based upon one Fair use upon the substantiality of portion Effect of the Amount Use Factors character of the use Nature of work Purpose Fair Exhibit 17 - 14 new utiity or Factor to achieve nour Er Favor of Fair Use educational purpose Weighs intended News purpose Persona Study Use is necessary for Lisa use changes work or Parody Reporting7 Transformative Cornnient or Scho4arship character Factor pwpose is your intended which to achieve that GaStateOO2l Weighs Against Fair Use educational necessary Use exceeds distributhn publdcation For public For Non-tran.sfornmative Entertainment use activity Proæting thorn Commercial Weighs Against Fair Use Punpose and Character ot the Use muftiple copies Criticism Research Factor Purpose Favor of Feir Educational in Teaching including for classroom use Nonproti Weighs Factor 133 Exhibit 17 - 15 or to cx flit jcatbaaag Use cUjeclives work -wor nonlictictn work to Factor Weighs Yn Fti VOOi Fair Use ___________________________________ lrnpotanl i-actual Puffll wergrs Factor tUrns cLays Fa2tcr pcety ficlioli IflUSIC rovela GaStateOO2l frstFÆrLisd work worethoot tea WeigIs Cons-jniatle aa Agais fir Use UnpubLisheG wcrt work l-hghly cveative Wwgs Nature 134 Exhibit 17 - 16 use.ji portion nnf re.ntraI nr narrawity thilorod be in Factor We/ciMs sUoject in Favor taught Use or of Fair rc3camh1 education pirpose such as 13 whole Far Usa used of ci the usad portion Fecto1r is or torc entire thar WeiQhs Agiiist EcU for Us GaStateOO2l or sutject no cc3aory wor used iwtr tn wnr at gains flfr Use cornmit research bcing taught criticism Amount tukcn heart Pcrtnn Large Wefighs ot Vortion 1F5e6 substantiality Amount anu SuaataaRty Amount enhre work as AS crlticizn conirncnt to Fi var tactor ot work in Ani.ount takcn significerLt to Pnritn SniI Weighs Factor 135 Exhibit 17 - 17 in appropriate access Factor Weighs cther Hesnicted purchased copy IawfuHy owns User students FavcirofFafr group Kto Use or work or or distributed acquired made of original copies kw or One clasaroom reading Supplemental in pthil pemlission wmvaillable longer holder the Licein sing or No copyright by work market bit not own access purctased copy dae classroom fcctor other Use GaStateOO2l ________ or work on the web Fair for acquired of original lawfully readThg the market Weighs Against pubic toruni Unrestricted or Useir Required work affects that or distributed use made or long-term copies demonstraUy Repeated copyrighted or permission reasonably Numerous the for or derivative potentiaJ availa similar prodtttt marketed for original work No market for copyrighted Use or Fair impairs market Weighs Aga/nst Significantly Licensing stinnu fates market or Fak Use Effect work Use potential of 09 market Favor effect in No sgmicant Weighs Factor 136 Exhibit 17 - 18 1101 work by was is means made.. given by not lawfully work of GaStateOO2l copy that motion picture or other audiovisual classroom. unless in the case of course of face- to-face teaching instructors or pupils in the performance or display of 17 U.S.C Face-to-Face teaching exce ption 137 Exhibit 17 - 19 literary NOT instructor as an and Reception limited to teaching content Directly related mediated digital students officially GaStateOO2l enrolled 138 of material assistance to the instructional activities By for online integral part of works marketed databases etc But use or musical work or TEACH Act reasonable portions of other works Nondramatic 17U.S.C.11O2 Distance Education Exhibit 17 - 20 measures reasonably prevent may be No AND of technological GaStateOO2l measures 139 unauthorized further dissemination circumvention session retention of the work for longer than the class Technological subject to copyright protection Notice to students that materials used and students staff has policies regarding copyright and TEACH Act provides informational materials to faculty Institute Distance Education Exhibit 17 - 21 copyrighted work it available with within license for this an exception Do we have Fair Use Use Links or mere references Can we make use GaStateOO2l 140 no copying Public domain expired copyright U.S government work Is this Methodology of Analysis Exhibit 17 - 22 the use does not fall into to copy display perform etc linking ASCAP BMI databases licenses Library holdings GALILEO is in GaStateOO2l particular referencing without copies Georgia State resources Web Collective rights organizations needed of the license one exceptions then permission If Copyright Licensing 141 Exhibit 17 - 23 in easy-to Example Caution on party materials OO 3rd Gaining more popularity on the using web GaStateOOZl now cont understand terms that more authors are Provides standard licenses Copyright Licensing 142 Exhibit 17 - 24 Criterion composer etc author GaStateOO2l for motion pictures Individual contact with studio Swank iCopyright online content online Copyright Clearance Center print and Copyright Licensing COflta 143 Exhibit 17 - 25 if name of the work publisher year copyright holder Include the author GaStateOO2l fair of the using without permission i.e use or another exception Even Always attribute the author source work Attribution 44 Exhibit 17 - 26 Copyright Act GaStateOO2l few uses but such access to talk to Legal Affairs Limited exceptions for need if unauthorized access controls would be digital Generally cant go around any type of Digital Millenium Antici rcu mvention 145 Exhibit 17 - 27 is is fair it not GaStateOO2l is the public game for copying in no copyright notice then copyrighted there work more than 25% 20% the internet are domain and Works on of the entirety 10% etc If give attribution copy as long as you dont if legal to copy the It can copy Copyright Myths 146 Exhibit 17 - 28 System of Minnesota html GaState 0021147 http// University http/Iwww.copyriqht.columbiaedu/ Columbia University Your Copy Rights Association of Research Libraries Know Resources Exhibit 17 - 29 if OSP and our own standard forms GaStateOO2l Reviews ALL contracts involving the University except Research Agreements notify Legal Affairs you receive subpoena or legal request for documents related to your research or university work MUST contract or other legal violation if 148 you receive an infringement breach of notify Legal Affairs accusation of MUST Office of Legal Affairs

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