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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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
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use changes work
or Parody
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Transformative
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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
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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
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134
Exhibit 17 - 16
use.ji
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135
Exhibit 17 - 17
in
appropriate
access
Factor Weighs
cther
Hesnicted
purchased copy
IawfuHy
owns
User
students
FavcirofFafr
group
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Use
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acquired
made
of original
copies
kw
or
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Supplemental
in pthil
pemlission wmvaillable
longer
holder
the
Licein sing or
No
copyright
by
work
market
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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 activities...in
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
CreativeCommons.org
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//www.lib.umn.edu/copyrightlfairuse.p
University
http/Iwww.copyriqht.columbiaedu/
Columbia University
www.knowyourcopyrights.org
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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