1. Cambrige University Press et al. V. Georgia State Univeristy

2. The case is about whether GSU officials has violated copyright law by allowing its professors to provide students with free electronic access to selected portions of certain textbooks. The 3 publishers asserted hundreds of copyright infringement claims when the case began in 2008, but abandoned most before trial and ultimately came up with 74 claims. Case Overview

3. The Arguments Cambridge University’s Arguments: The Georgia State University made 74 copyright infringements by letting professors provide their students with free electronic access codes to select portions of certain text books. Georgia State University's Arguments: The Georgia State University tried to comply with the Copyright Act, following the policy the GSU adopted in 2009.

4. Court Decision U.S. District Judge Orinda D. Evans rejected 69 of the 74 claims in a decision handed down on May 11th 2012. For the vast majority of claims, Judge Evans concluded that the “fair use” doctrine protected the GSU professor’s decision to allow the students to access an excerpt online through Georgia State’s Electronic Reserves System.

5. Court Decision Judge Evans found that, when GSU adopted its current policy in 2009, university officials “tried to comply with the Copyright Act,” but that the policy had led to five instances of copyright violations. “The truth is that fair use principles are notoriously difficult to apply,” Judge Evans wrote. In each of the violations, Judge Evans found the publisher lost money because a professor had provided free electronic access to selected chapters in textbooks even though the publisher had created a way of selling licenses for those books on a per-chapter basis. Lead plaintiff Cambridge University Press lost on all its claims; co- plaintiff Oxford University Press won on one claim; and co-plaintiff Sage Publications Inc. prevailed on four claims.

6. Consequences Judge Evans’s opinion is important because of the judge’s legal analysis in deciding how the “fair use” doctrine should apply as higher education enters the digital age. The ruling offers important guidance for colleges on how to design its policies for electronic access.

7. More details about the court case can be found here: http://www.ballardspahr.com/~/media/Files/Alerts/2012-05-14- GSU-decision.ashx http://www.ballardspahr.com/~/media/Files/Alerts/2012-05-14- GSU-decision.ashx

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