Cambridge University Press et al v. Patton et al

Filing 409

Proposed Findings of Fact by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Appendix A - Redacted, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D, # 5 Appendix E, # 6 Brief Plaintiffs' Post-Trial Conclusions of Law)(Rains, John)

Appendix D

APPENDIX D
FAIR USE CHECKLIST PERCENTAGE CHART
The chart below identifies the percentage of GSU instructors who checked
each sub-factor on the GSU Fair Use Checklists in evidence for the works at issue
(as identified in Plaintiffs’ Revised Filing Concerning Plaintiff Works Alleged to
Be Infringed at GSU During the 2009 Maymester, Summer 2009, and Fall 2009
Academic Terms (June 1, 2011), Docket No. 361). PX 558, 563-567, 570-603,
606, 608, 613, 629, 639, 643, 647-652, 654-662, 938; DX 346, 347, 348, 386, 428,
429, 473, 464, 474, 480, 481.
Factor 1: Purpose and Character of the Use
Weighs in Favor of Fair Use
Nonprofit Education: 97%
Teaching (includes multiple copies for classroom use): 92%
Research or Scholarship: 30%
Criticism, Comment, News Reporting, or Parody: 14%
Transformative (use changes work for new utility or purpose): 7%
Personal Study: 30%
Use is necessary to achieve your intended educational purpose: 64%
Weighs Against Fair Use
Commercial Activity: 0%
Profiting from use: 0%
Entertainment: 0%
Non-transformative: 32%
For publication: 0%
For public distribution: 0%
Use exceeds that which is necessary to achieve your intended purpose: 0%

Factor 2: Nature of the Copyrighted Work
Weighs in Favor of Fair Use
899909.1

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APPENDIX D - 1

Published work: 71%
Factual or nonfiction work: 86%
Important to educational objectives: 97%
Weighs Against Fair Use
Unpublished work: 0%
Highly creative work (art, music, novels, films, plays, poetry, fiction): 0%
Consumable work (workbook, test): 0%
Factor 3: Amount and Substantiality of Portion Used
Weighs in Favor of Fair Use
Small portion of work used: 99%
Portion is not central or significant to work as a whole: 89%
Amount taken is narrowly tailored to educational purpose, such as criticism, comment, research,
or subject being taught: 96%
Weighs Against Fair Use
Large portion or entire work used: 0%
Portion used is central to work or “heart of the work”: 0%
Amount taken is more than necessary for criticism, comment, research, or subject being
taught: 0%
Factor 4: Effect on Market for Original
Weighs in Favor of Fair Use
No significant effect on market or potential market for copyrighted work: 81%
Use stimulates market for original work: 89%
No similar product marketed by copyright holder: 38%
No longer in print: 0%
Licensing or permission unavailable: 3%
Supplemental classroom reading: 38%
One or few copies made or distributed: 26%
User owns lawfully acquired or purchased copy of original work: 44%
Restricted access (to students or other appropriate groups): 64%
Weighs Against Fair Use
Significantly impairs market or potential market for copyrighted work or derivative: 0%
Licensing or permission reasonably available: 14%
Numerous copies made or distributed: 4%
Repeated or long-term use that demonstrably affects the market for the work: 0%
Required classroom reading: 48%
User does not own lawfully acquired or purchased copy of original work: 0%
Unrestricted access on the web or the public form: 0%

899909.1

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APPENDIX D - 2