The Authors Guild, Inc. et al v. Hathitrust et al

Filing 111

AFFIRMATION of Joseph Petersen in Support re: 100 MOTION for Summary Judgment.. Document filed by Hathitrust. (Attachments: # 1 Exhibit A-W)(Petersen, Joseph)

KILPATRICK TOWNSEND & STOCKTON LLP
Joseph Petersen (JP 9071)
Robert Potter (RP 5757)
1114 Avenue of the Americas
New York, NY 10036
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Joseph M. Beck (admitted pro hac vice)
W. Andrew Pequignot (admitted pro hac vice)
Allison Scott Roach (admitted pro hac vice)
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
THE AUTHORS GUILD, INC., ET AL.,
Plaintiffs,

Case No. 11 Civ. 6351 (HB)

v.
HATHITRUST, ET AL.,
Defendants.

DECLARATION OF JOSEPH PETERSEN IN SUPPORT OF
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
ON FAIR USE AND LACK OF INFRINGEMENT
UNDER SECTION 106 OF THE COPYRIGHT ACT

I, Joseph Petersen, make the following declaration:
1.

I am a member of the Bar of this Court and a partner at the law firm of Kilpatrick

Townsend & Stockton LLP, attorneys for the Defendants in the above-captioned action (the

“Libraries”). I make this Declaration, based on my own personal knowledge, in support of the
Libraries’ motion for summary judgment on fair use.
2.

Attached hereto as Exhibit A is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff The Authors Guild, Inc. to Defendants’ Second Set of
Interrogatories and Requests for the Production of Documents, dated April 20, 2012.
3.

Attached hereto as Exhibit B is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff The Authors League Fund, Inc. to Defendants’ Second Set
of Interrogatories and Requests for the Production of Documents, dated April 20, 2012.
4.

Attached hereto as Exhibit C is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff The Australian Society of Authors to Defendants’ Second
Set of Interrogatories and Requests for the Production of Documents, dated April 20, 2012.
5.

Attached hereto as Exhibit D is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff The Authors’ Licensing and Collecting Society to
Defendants’ Second Set of Interrogatories and Requests for the Production of Documents, dated
April 20, 2012.
6.

Attached hereto as Exhibit E is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff The Writers’ Union of Canada to Defendants’ Second Set
of Interrogatories and Requests for the Production of Documents, dated April 20, 2012.
7.

Attached hereto as Exhibit F is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff Trond Andreassen to Defendants’ Second Set of
Interrogatories and Requests for the Production of Documents, dated April 10, 2012.

8.

Attached hereto as Exhibit G is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff Pat Cummings to Defendants’ Second Set of
Interrogatories and Requests for the Production of Documents, dated April 10, 2012.
9.

Attached hereto as Exhibit H is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff Erik Grundström to Defendants’ Second Set of
Interrogatories and Requests for the Production of Documents, dated April 10, 2012.
10.

Attached hereto as Exhibit I is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff Angelo Loukakis to Defendants’ Second Set of
Interrogatories and Requests for the Production of Documents, dated April 10, 2012.
11.

Attached hereto as Exhibit J is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff Helge Rønning to Defendants’ Second Set of
Interrogatories and Requests for the Production of Documents, dated April 10, 2012.
12.

Attached hereto as Exhibit K is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff Roxana Robinson to Defendants’ Second Set of
Interrogatories and Requests for the Production of Documents, dated March 28, 2012.
13.

Attached hereto as Exhibit L is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff André Roy to Defendants’ Second Set of Interrogatories
and Requests for the Production of Documents, dated April 10, 2012.
14.

Attached hereto as Exhibit M is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff J. R. Salamanca to Defendants’ Second Set of
Interrogatories and Requests for the Production of Documents, dated April 10, 2012.

15.

Attached hereto as Exhibit N is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff James Shapiro to Defendants’ Second Set of
Interrogatories and Requests for the Production of Documents, dated April 10, 2012.
16.

Attached hereto as Exhibit O is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff Daniele Simpson to Defendants’ Second Set of
Interrogatories and Requests for the Production of Documents, dated April 10, 2012.
17.

Attached hereto as Exhibit P is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff T.J. Stiles to Defendants’ Second Set of Interrogatories
and Requests for the Production of Documents, dated April 10, 2012.
18.

Attached hereto as Exhibit Q is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff Fay Weldon to Defendants’ Second Set of Interrogatories
and Requests for the Production of Documents, dated April 10, 2012.
19.

Attached hereto as Exhibit R is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff UNEQ to Defendants’ Second Set of Interrogatories and
Requests for the Production of Documents, dated April 20, 2012.
20.

Attached hereto as Exhibit S is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff SFF to Defendants’ Second Set of Interrogatories and
Requests for the Production of Documents, dated April 20, 2012.
21.

Attached hereto as Exhibit T is a true and correct copy of relevant pages of the

Objections and Responses of Plaintiff NFFO to Defendants’ Second Set of Interrogatories and
Requests for the Production of Documents, dated April 20, 2012.
22.

Attached hereto as Exhibit U is a true and correct copy of relevant pages of the

transcript of the May 22, 2012 deposition of Pat Cummings.