Cambridge University Press et al v. Patton et al

Filing 434

MOTION for Leave to File Reply by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Exhibit A-Reply Brief, # 2 Exhibit 1 to Reply Brief)(Rains, John)

E
X
H
I
B
I
T
1

Use Checklist

NUA/\

oc

Name

Date

Class or Project
Course

of

Title

Author

Term

and

and

be

any

factors

deciding

Check

Office

use

fair

of the

Where

of

fair

use

those facts

only

Instructors

Board

of

use

outnumber
favor

the factors

favor

whether

in

of

fair

half the factors

in

weighing

given Situation

determinative

counts

favoring

fewer than

facts

total

use

fair

or at the

rner

pages

from the rights holder

consider the
against

the

Where

justified

permission

e.g

used

Where

Instructions
is

ce

Publisher

to

Portions

use

Work

Copyrighted

if

apply

the

No

Legal Affairs

questions

total

of the facts

all

Policy
of

on

the

Use

which

Georgia

and

Complete
establish

can

be found

retain

copy
and

such

use

of

in

use factors
in

on the web

checkkst

this

good

faith

at

for

for

each

Favor

of Fair

Use

Reporting

for

new

utility

Personal

Use

Profiting

use
or

use

for

the

present

at

in

or factor

their

is

institution

of the

sections

four

of the

University

System

copyrighted

work

in

order

to

use should any dispute

the Use

of

Against Fair Use

Entertainment

For publication
For public

changes

activity

from use

ZNon-transformative

Parody

Transformative

of

fair

Commercial

Scholarship

or

use

Weighs

Comment News

Criticism

fair

Purpose and Character

including multiple copies
classroom use
or

be
item

analysis

fair

Research

attempt at applying

94eaching

Research

and

weighing

httpIlwww.usg.edu/copyrightj

Educational

Nonprofit

please see the

Education

fair

arise

Factor

Weighs

fair

Works

Copyrighted

reasonable

regarding

the

regarding

of

will

office

regarding

on

should

facts

single

factors

For more information

reliance

should seek

instructors

split
to

your use

to

the

have

they

evenly

Not

justified

that

should consult

Regents

are

it

instructors

use as opposed

fair
is

those against

use

fair

work

distribution

Use exceeds

purpose

necessary

Study

educational

that

to

which

achieve

is

your intended

purpose

necessary to achieve
your
intended educational
purpose
is

.JFaCtOr

Weighs

in

Favor

of Fair

Use

Li

Factor

Weighs Against

Fair

Use

PLAINTIFFS
TRIAL

EXHIBIT
572

108-cv-1425-ODE

GaStateOO652O6

EXHIBIT 1 - 1

Factor

Weighs
6Published

Favor

in

Nature

Use

of Fair

Work

of Copyrighted

Weighs

work

work

Unpublished

or nonfiction
work
JYFactual
YImportant
to
educational
objectives

films

in

Favor

of Fair

ZISmall
I

of

portion

Portion

used

igniflcant

is

whole

Amount taken

as
or

Weighs

Weighs

Favor

in

Favor

in

of Fair Use

market

stimulates

of Fair

Factor

Effect

on Market

longer

Licensing

for

or

User

market

for

Significantly

few

owns

work

original

or

Columbia

unavailable

classroom

lawfully

or

Weighs

for

use

in

by the

Universitys

reading

acquired or

Favor

work

System
Checklist

reasonably

copies made

affects

classroom

does

not

purchased

own
copy

access

other

the

that

market for

reading
acquired

lawfully

of original

Georgia based

upon

on

the

work

web

forum

public

Factor Weighs

of

or distributed

use

or long-term

Unrestricted

of Fair Use

Use

User
or

_____

University

Fair

Required
El

to students or

appropriagup

copyrighted

permission

demonstrably
Jhe work

or distributed

of original

market or

for

available

Repeated

copies made

access

Revised

for

or sublect

or derivative

Numerous

permission

Restricted

J/actor

by the

in print

copy

other

research

impairs

market

potential

holder

purchased
El

more than necessary

Against Fair Use

Weighs

work

copyrighted

product marketed

Supplemental

One

or

for Original

Licensing

similar

copyright

El

used

work

to

Against Fair Use

Weighs

Use

work

No

work

being taught

on market or

effect

significant

potential

No

is

comment

criticism

Factor

J2tise

central

is

being taught

E1iactor

No

used

heart of the work

narrowly tailored

research

or entire

portion

Portion

purpose such

comment

criticism

Large
or

as

Against Fair Use

Weighs

used

work

to entire

educational

subject

work

Against Fair Use

Portion Used

of

Substantiality

fiction

workJgkbook

Weighs

Use

of Fair

not central

is

J1 Amount taken
to

Favor

in

Factor

Amount and

Factor

Weighs

Use

art music novels

plays poetry

Consumable

VFactor Weighs

work

creative

Highly

Use

Fair

Against

or

_____

Against Fair Use

the Copyright

Advisory

Office

at

http//www.copyright.colurnbja.edu/fair-use-ctecks

GaStateOO652O7

EXHIBIT 1 - 2