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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Appendix

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6/12/2009

Case
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1425-ODE

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Case 108-cv-01425-ODE

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6/12/2009

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425-ODE

08-cv-01

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Exhibit 8 - 6

ist

6/12/2009

Case 108-cv-01425-ODE

Document

Fair Use

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Exhibit 8 - 7

Page

Fair Use

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Case

425-ODE

08-cv-01

Document

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15

6/12/2009

Case 108-cv-01425-ODE
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hub

works

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Editorials

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Religious

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Revised
Copyright

for

Copyrightjicens

ing

Internatjonal

use by the University System of Georgia based upon the fair use resoumes provided
by the
Office
at Columbia
University
hffpJ1www.copyrj.gt.9jurgjiedu/cOllective-Iicensjng-

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02009 Boartof Rne.ettotth.e Universty
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http//www.usg.edulcopyright/additionaljesources/collectivejiccnsing_agencies

Exhibit 8 - 17

17

6/i

2/2009

Case 108-cv-01425-ODE
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Page 18

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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

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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

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materials
public

Policy

that

domain

will

with alternative

end

you should

works
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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//www.copyrigft..coIurnbia.edu/orphn-works

by the

Advisory

Bqar
USQ

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of the University

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Atfanta

GA

30334

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http//www.usg.edu/copyright1additionaIresources/orpftaziworks/

Exhibit 8 - 18

Appendix
Page

18

6/12/2009

Case 108-cv-01425-ODE
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Document

ctn.rl net

University

235-2

Filed 09/30/10

Page 19

of 19

Js

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For

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more intormation

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Georgias Guide to the

2009

Board

Contact

requirements

of

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Regents.of the University
Disclaimer privacy

270

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U.S.A

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of the

TEACH

Act please

visit

the university

System

of

lEACH Act

Atlanta

System

of

Georgia

GA 30334

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http//www.usg.edu/copyrightJadditional

resources/teach

act/

Exhibit 8 - 19

Appendix
Page

19

6/12/2009