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Statistics & Assessment

Letter to Andrew M. Sherman re: FDLP concerns (Jan. 20, 2012)

Letter from library directors to Government Printing Office representative regarding a multi-state regional depository proposal advanced by the University of Michigan and University of Minnesota Libraries, and the GPO's position on comprehensive collecting by regional depository libraries.

pdf fdlp_umdumnufl_response_20jan12.pdf

 
 

Academic Research on Fair Use and Codes of Best Practices

Flyer discussing the advantages of an approach to determining fair use that is rooted in professional consensus, rather than (for example) negotiating standards with right holders or consulting legal experts.

pdf fair-use-code-academic-research.pdf

 
 

Georgia State University (GSU) Fair Use Decision Recap and Implications: Issue Brief

On Friday, May 11, 2012, Judge Orinda Evans released her 350-page opinion in the copyright infringement lawsuit against Georgia State University. This issue brief summarizes the key rulings in the case and discusses some possible consequences for libraries generally.

pdfissue-brief-gsu-decision-15may12.pdf

 
 

Authors Guild v. Hathi Trust Amicus Brief

In their motion for partial judgment on the pleadings, Plaintiffs in Authors Guild v. HathiTrust advance a radical and unprecedented interpretation of 17 U.S.C. § 108 that threatens the most routine library operations.

pdf amicus-hathi-trust-20apr12.pdf

 
 

Fair Use and Education: The Way Forward

The ability to make reasonable "fair use" of copyrighted material is both economically and culturally important to the enterprise of education. In asserting fair use, teachers, librarians, and others cannot rely on a claim of "educational exceptionalism," for which there is no clear basis in U.S. Copyright law. Instead, they should seek to take advantage of current trends in copyright caselaw, including the marked trend toward preferring uses that are "transformative," where the amount of content used is appropriate to the transformative purpose. Over twenty years, we have accumulated considerable information about what constitutes "transformativeness," and members of the education community are well-positioned to provide persuasive narratives explaining how educational uses significantly repurpose and add value to the copyrighted content they incorporate. Published in Law & Literature, Vol. 24 No. 3 (Fall 2012).

pdf jaszi-education-and-fair-use.pdf

 
 

Letter to Paul Broun re: Hearing on Public Access and Scholarly Publication Interests (Mar. 29, 2012)

Letter from library associations thanking Paul Broun for conducting a hearing on Public Access and Scholarly Publication Interests.

pdf frpaa-broun-29mar2012.pdf

 
   

Hon. Harold Baer, Jr. Decision in Authors Guild v HathiTrust (Oct. 10, 2012)

Before the Court are two motions for judgment on the pleadings and three motions for summary judgment.

pdf hathitrust-decision10oct12.pdf

 
 

Issue Brief: Massive Open Online Courses - Legal and Policy Issues for Research Libraries (Oct. 22, 2012)

The advent of Massive Open Online Courses raises serious legal questions that in turn pose important and fundamental policy challenges for research libraries. As universities rush to find ways to add courses to emerging MOOC platforms, research libraries are being asked to take on new responsibilities (or new versions of old responsibilities) to support this new mode of teaching and learning.

pdf issuebrief-mooc-22oct12.pdf

 
 

Reply Brief for Petitioner in Kirtsaeng v Wiley

The case of Kirtsaeng v. Wiley & Sons, a case in which the key issue is the proper scope of the "first-sale doctrine" in copyright law. In this case, the first-sale doctrine is being challenged by a publisher who seeks to block re-sale in the US of the cheap editions of textbooks it authorized to be printed and sold abroad.

pdf kirtsaeng-petitionerreplybrief.pdf

 
 
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