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Letter from US Department of Justice Declining to File Amicus Brief in Cambridge University Press v. Mark Becker (Feb. 22, 2013)

The US Department of Justice (DOJ) decided not to participate in the appeal of the case Cambridge University Press v. Mark Becker as amicus curiae. The case concerns the use at Georgia State University (GSU) of electronic course reserves (e-reserves) and electronic course sites to make excerpts from academic books available online to students enrolled in particular courses. It was widely reported that the US Copyright Office requested that the DOJ file an amicus brief either on the side of the publishers or as a neutral party. On February 22, 2013, the DOJ sent this letter to the court stating that the US Attorney General had decided not to file an amicus brief in the case.

pdf ltr-doj-re-gsu-ereserves-22feb13.pdf

 
 

Motion by US Department of Justice to Extend Time in Which to File Amicus Brief in Cambridge University Press v. Mark Becker

The US Department of Justice (DOJ) is evaluating whether to participate in the appeal of the case Cambridge University Press v. Mark Becker as amicus curiae. The case concerns the use at Georgia State University (GSU) of electronic course reserves (e-reserves) and electronic course sites to make excerpts from academic books available online to students enrolled in particular courses. It was widely reported that the US Copyright Office requested that the DOJ file an amicus brief either on the side of the publishers or as a neutral party. On January 25, 2013, the DOJ requested an extension of the time they have to file an amicus brief.

pdf gsu-extension-motion-usgov-jan2013.pdf

 
 

Briefing: Success of Fair Use Codes of Best Practices

Does the approach of creating a code of best practices, anchored in professional practice, actually work to expand the utility of fair use? What has happened to others who used codes of best practices to gain access to their rights?

This topic is discussed at length in Aufderheide and Jaszi, Reclaiming Fair Use (University of Chicago Press, 2011), but some specific examples include:

 
 

Briefing: Copyright Education, Academic Integrity Codes, and Fair Use

Does your university offer intellectual property education to incoming students, or have an academic integrity policy that addresses copyright issues? These are important areas where librarians can be of service in offering balanced information about copyright and fair use.

 
 

Briefing: Demystifying Technical Protection Measures (TPMs) in the Library

The Code of Best Practices in Fair Use for Academic and Research Libraries suggests at various points that librarians consider the use of appropriate “technical protection measures” when making digitized materials available on-line, as a way of bolstering their fair use claims. Many libraries already employ such measures as a risk-management strategy.

 
 

Briefing: The Cost of Conservatism to Academic and Research Librarians’ Mission

When teachers bring Stacey, a librarian at a Midwestern private university, their course materials to upload on the university’s e-reserves system, she always checks to make sure that the course material has not been uploaded before—or at least, not in the last three years. If it’s fresh material, and it’s only a small fraction of the original work, she’s pretty sure that uploading it for the students to study could be considered a “fair use.” If it has been uploaded before, she tries to license the material, or have the professor find a substitute that the professor hasn’t used before. She knows that at some universities, e-reserves policies are more liberal, but her institution can’t afford a legal challenge, so she likes to err on the conservative side. After all, you can’t be too careful.

 
 

Briefing: Accessibility, the Chafee Amendment, and Fair Use

The Fifth Principle in the Code of Best Practices in Fair Use for Academic and Research Libraries is entitled "Reproducing material for use by disabled students, faculty, staff, and other appropriate users." It describes in some detail the circumstances in which making and providing copies of collection materials in formats that are accessible to persons with disabilities constitutes fair use, as well as certain limitations to which that general principle is subject.

 
 

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

 
 

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

 
 

Success of Fair Use Codes of Best Practices

Does the approach of creating a code of best practices, anchored in professional practice, actually work to expand the utility of fair use? What has happened to others who used codes of best practices to gain access to their rights? This document describes specific examples of success with using codes of best practice.

pdf fair-use-codes-success.pdf

 
 
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