Cambridge University Press et al v. Patton et al

Filing 328

DEPOSITION of Vincent William Lloyd, Ph.D. taken on April 20, 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, # 4 Exhibit D-4, # 5 Exhibit P-5, # 6 Exhibit P-6, # 7 Exhibit P-7, # 8 Exhibit P-8)(Rains, John)

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6 ist 6/12/2009 Case 108-cv-01425-ODE Document Fair Use Name______________ Class or 235-2 of 19 Checklist 09/30/10 Filed Page Date ______ Project Course and Term ______ Work Title of Copyrighted Author and Publisher Portions be used to e.g pages timer counts Where the factors favoring Where fewer than half the justified Where from the rights holder permission Instructions use fair the consider against any fair use in given of the Office whether Check fair of use favor in weighing deciding situation determinative or at facts total fair only the Board of the of use those facts should Instructors Regents if use factors is outnumber those against favor use Not justified that apply consult to the to of all your the the facts use No Affairs Legal they have questions facts total regarding present in or factor item single office weighing be will fair seek should split instructors use as opposed on reliance it should instructors are evenly factors fair is fair is at their institution of analysis the four factors For more information regarding Policy of on the Use which Georgia Complete and of retain such regarding use on copy of this and good in the for multiple copies Comment News utility Personal Use is Factor uses of applying copyrighted use fair or of the should any work in dispute purpose educational in activity from use Profiting distribution Use exceeds necessary educational to Use Weighs Against Fair Use For public use changes work Study Weighs fair For publication Parody necessary intended at Non-transformative Scholarship Transformative new attempt each Entertainment Criticism for for Purpose and Character use or or System httpIlwww.usgedu/copyright/ Commercial Research Reporting at Favor of Fair Use including classroom web of the arise Nonprofit Educational Teaching use factors please see the fair use sections in Education and Research for the University checklist faith Factor Weighs fair Works Copyrighted can be found areasonable establish the achieve that to which achieve is your intended purpose your purpose Favor of Fair Use Factor Weighs Against Appendix Exhibit 8 - 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15 15 6/12/2009 Case 108-cv-01425-ODE oucttivc n.cuuzccp -utnttuuaa Performance Document Licensing 235-2 Filed uu agencies 09/30/10 Page 16 uses associated all an to PSCAP Amvjcan with public Ainbors Composers composers of these Together three Publishers and lyncists songwriters from everything artists of Society association Membership Ut rage Lopyngnt performance of copyrighted music music on overhead speakers in retail space performances playing music the vast majority of published American licensing agencies encompass are rights concert of 19 musical publishers BMI Broadcast Music Inc Performance works and media Ecensing center sSA One of the fastest and Works Musical performance growing London Angeles rights with organizations offices New Nashville in Los York Atlanta Mechanical Rights of copyrighted derivatives work such as recording album the work as part of collection be reproducing song examples as Once has been commercially ringtone recorded anyone may obtain compulsory composition mechanical license pursuant to 115 of the United States Copyright Act The royalty fee for using the material Mechanical cover by law and set are those Rights of another known is associated with reproducing would Other artists as the statutory or is rate Harry Fox Aatrty Works Dramatic Dramatic works without permission either in their entirety or in smaller portions may not be publicly performed such as excerpts acts scenes monologues dramatic work etc The rights that are needed to publicly perform that combines musical work together with etc are choreography staging dialogue costuming special lighting referred to as grand performing from the creator of the work rights Grand performing are typically obtained rights or their The publisher ASCAP play to rights referred to of piece piece of Small performing qualify as SESAC of from musical of non-dramatic play the use as disqualifies in play piece etc even For non-dramatic obtained typically performance choreography musical original are lithe example of from fashion music taken from use of any of these your own dance creating use and non-dramatic are often such as organizations permission for musical elements is not to steps the grand Rqd.g.cs lrtc2 Theatre International Harnrnnteip MusIc Tams7wjtmaij qr. the play layJervice MTt.MusLcal Qrganization tnc Library4 Publishing Samuel Freici Bakers 1w Plays Pioneer Drama BPPI Pictoral Broadway Play Publlshingjncj Graphic and Sculptural Works organizations industry that part musical rights must be sought rights Dramatists Many To any form of staging any represent music performing single rights make use not may intended music from perform performing publicly as small BMI and to Instead specializes List of license contact in the use of Still the publisher the dissemination of images Unfortunately of the picture free stock or in there is the alternative not real seek out collective agency royalty-free for this organization photography stqck p9JQjgfllfl4 pppendiDc page http// resources/collective Exhibit 8 - 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17 17 6/i 2/2009 Case 108-cv-01425-ODE nuutUUtldI r.xsuureeSJ iirpnan Document USU Works 235-2 Filed 09/30/10 Page 18 of 19 Page Copyright ot 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 no conclusion simply has produced Worse perhaps you did receive permission but with burdensome conditions or high price and the permission was flatly denied Perhaps you wrote for permission The In some you might have situations little choice but to absorb the bad news and change Return to however frustrating plans Much your when you exert an honest effort but you simply cannot owner or your efforts go unanswered When you cannot identify or locate the current owner materials are sometimes called orphan works In the meantime what do you do when you dead end of the quest mysterious and complex find is more copyright the copyright reach that use fair When fair use you may have focused on an assumption about the potential market for you originally evaluated the work in question and the possible harm to that market caused by your use of the work you discover that there is truly no permissions market for this work you should the fourth factor in the fair use analysis reevaluate You may find that this factor now weighs in favor of fair use For more information visit the fair use pages of the It USG Copyright the materials Replace If dead you reach materials public Policy that domain will with alternative end you should works ask yourself whether those specific and copyrighted your goals In many cases you can achieve your desired end available for use without copyright restriction or from other copyright satisfy works are the only results with works in the owners your planned use of the copyrighted works Your ambitious plans may have involved scanning Internet access and dissemination digitizing uploading for students and colleagues multiple copies the copyright owner to deny permission for such broad causing uses changing your ambitious plans to something more modest and controllable may either change the Alter holders mind or increase the likelihood that you are within in the number of copies fair use Reigning or potential for rapid digital in favor of fair scope of access and dissemination duplication may tip the balance copyright use Revised for Copyright @2009 use by the University System of Georgia based upon the fair use resources provided Office at Columbia University http// by the Advisory Bqar USQ of Contact Regents Disclimerf 270 Washington U.S.A Street content Source USG of the University System of Georgia Privacy Atfanta GA 30334 Copyright http// Exhibit 8 - 18 Appendix Page 18 6/12/2009 Case 108-cv-01425-ODE rk%as4uuska1 nLuuna Document ctn.rl net University 235-2 Filed 09/30/10 Page 19 of 19 Js LopytIgLu System of Gorqia Copyhqht Policy .IILI TEACH For Act more intormation regarding Georgias Guide to the 2009 Board Contact requirements of USG Regents.of the University Disclaimer privacy 270 Washington U.S.A Street Content Source USG of the TEACH Act please visit the university System of lEACH Act Atlanta System of Georgia GA 30334 Copyright http// resources/teach act/ Exhibit 8 - 19 Appendix Page 19 6/12/2009

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