Presentation is loading. Please wait.

Presentation is loading. Please wait.

The Georgia State case – recapping the issues Kevin L. Smith, J.D. Office of Scholarly Communications.

Similar presentations


Presentation on theme: "The Georgia State case – recapping the issues Kevin L. Smith, J.D. Office of Scholarly Communications."— Presentation transcript:

1 The Georgia State case – recapping the issues Kevin L. Smith, J.D. Office of Scholarly Communications

2 The claim Office of Scholarly Communications Copyright infringement Library e-reserves AND individual LMS course pages Direct, contributory & vicarious infringement Suit seeks injunction, not damages Sovereign immunity Ex Parte Young – individuals sued in official capacity

3 Defenses Office of Scholarly Communications Sovereign Immunity Individuals do no copying or distribution General duty to supervise too weak for Ex Parte Young Fair use New policy adopted in 2009 Only issue is activity under this new policy Checklist

4 Motions Office of Scholarly Communications Vicarious infringement was dismissed on earlier motion Direct infringement – first dismissed, then restored on “reconsideration” Now called “indirect infringement” – employer liability Contributory infringement dismissed after plaintiff’s case No finding of institutional wrongdoing

5 Remaining issue Office of Scholarly Communications Trial held late May, early June 2011 Only indirect infringement remains GSU still asserts insufficient level of control Fair use will be real issue How much of a work can be used? (counting pages) Is checklist impartial? What happens if an excerpt is not fair use?

6 Possible outcomes Office of Scholarly Communications Could still be dismissed on sovereign immunity Fair Use Plaintiffs assert none of excerpts are fair use Classroom Copying Guidelines Most likely ruling is mixed-- some fair use, some not For non-fair use What will GSU be ordered to do?

7 Impact desired by plaintiff Office of Scholarly Communications Proposed injunction Define fair use by Classroom Copying Guidelines Lesser of 10% or 1000 words Limit fair use in any case to only 10% of course readings 90% must be purchased by students or licensed Student copyright fee? How would Annual Campus License work? Give publishers access to LMS sites

8 More likely impact Office of Scholarly Communications Will depend on remedy ordered Will Judge define fair use for higher education? HOW? Possible specific steps: Faculty education Central office for fair use decisions Licensing – transactional or campus-wide Monitoring

9 Real issue? Office of Scholarly Communications $$$ How much is spent with Copyright Clearance Center? Other schools talked, reformed systems Result nearly always more $$$ to CCC GSU allegedly pays no licensing fees How much will decision cost colleges & universities? Or will it discourage supplemental reading? $$$


Download ppt "The Georgia State case – recapping the issues Kevin L. Smith, J.D. Office of Scholarly Communications."

Similar presentations


Ads by Google