Cambridge University Press et al v. Patton et al

Filing 324

DEPOSITION of Daphne Greenberg, Ph.D. taken on April 21, 2011 by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Exhibit D-1, # 2 Exhibit D-2, # 3 Exhibit D-3 - part1, # 4 Exhibit D-3 - part 2, # 5 Exhibit D-4, # 6 Exhibit D-5, # 7 Exhibit P-1)(Rains, John)

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Religious

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CopyrigM.jicensing

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Revised

for

Copyright

international

use by the University System of Georgia based upon the fair use resources
provided
by the
Office at Columbia
University
http//www.copyrjgtQ9juqg3iedu/ollective-licensjng-

Advisoty

agencies

2009

Board

of

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of the

Disclaimer

270

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USG

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System

of

Georgi

Privacy

Atlanta

GA

30334

Copyright

Appendix
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http//www.usgdu/copyright/additionaL

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Exhibit 1 - 17

17

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.3

Case 108-cv-01425-ODE

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Urmersity System

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Page

Lopyright

Georgia Copyrqht

Policy

Orphan Works
situation
is
common You want to use
work beyond the limits of fair use or other copyright
copyrighted
down
to seek
exception You tracked
likely copyright
owner and have attempted
permission but the effort
but with burdensome
conditions
no conclusion
simply has produced
Worse perhaps you did receive permission
or
denied
high price
Perhaps you wrote for permission
and the permission was flatly

The

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

some

situations

and

complex

you might

frustrating

dead end

mysterious

Return to

quest

of the

use

faIr

When

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

USG

Copyright

the materials

Replace
If

materials

that

domain

will

satisfy

and

Alter

your planned
ambitious

plans
for

multiple copies

you should

your goals

available

Your

works

with alternative

end

dead

you reach

public

Policy

for

ask yourself
In

whether

many cases

use without

copyright

and colleagues

causing

or

for

potential

rapid

digital

copyright

works

are the only
with

results

works

in

the

owners

and
Internet access
uploading dissemination
owner to deny permission for such broad

the copyright

your ambitious plans to something more modest and
holders mind or increase the likelihood
that you are within

scope of access

end

your desired

or from other

uses changing
copyright

copyrighted

specific

achieve

restriction

use of the copyrighted works
may have involved scanning digitizing

students

those

you can

duplication

and

controllable
fair

use

dissemination

may

Reigning

may

tip

either
in

the

the
change
number of copies

the balance

in

favor of

fair

use
Revised

for

Copyright

2009

use by the University System of Georgia based upon the fair use resources
provided
Office
at Columbia
University
httpitwww.copyright..colurnbia.eclu/orphan-works

Board

Contact

of

USG

270

Washington
U.S.A

Content

by the

Advisoay

Source

Regqitg

of the University

Disclaimer

Street

USG

System ofGeorgia

Privacy

VI

Atlanta

GA

30334

Copyright

http//www.usg.edu/copyrightkdditional

resources/orphan

works/

Exhibit 1 - 18

Appendix
Page

18

6/12/2009

Case 108-cv-01425-ODE
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UIJ

For

2009

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Gorqia Copyright

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Policy

requirements

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270

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Exhibit 1 - 19

Appendix
Page

19

6/12/2009