HomeFocus AreasPublic Access PoliciesAccess to Federally Funded Research

Court Cases

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

 
 

First Sale: The Public View & Fast Facts for Libraries

ori-public-view-jan2012-newsTwo organizations in which ARL partners recently released informational resources about the first-sale doctrine and the Supreme Court case Kirtsaeng v. Wiley & Sons:

The Public View: Two-Minute “Person on the Street” Video by Owners’ Rights Initiative

First-Sale Fast Facts for Libraries: One-Page Summary by Library Copyright Alliance (PDF)

 
 

Cambridge Press v. Georgia State University

The case concerns the use at Georgia State University (GSU) of electronic course reserves and electronic course sites to make excerpts from academic books available online to students enrolled in particular courses. The named plaintiffs in the case are three academic publishers (Oxford University Press, Cambridge University Press, and Sage), who argued that the unlicensed posting of digital excerpts for student access almost always exceeded fair use and should require a license.

 
 

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

 
 

Georgia State University (GSU) Fair Use Decision Recap and Implications: Memo to ARL Library Directors

This memo summarizes the key rulings in the Georgia State University (GSU) lawsuit concerning the use of electronic course reserves and discusses some possible consequences for libraries generally.

pdfmemo_gsudirectors_15may12.pdf

 
 

Golan v. Holder: A Farewell to Constitutional Challenges to Copyright Laws

On January 13, 2012, the Supreme Court by a 6-2 vote affirmed the Tenth Circuit decision in Golan v. Holder. The case concerned the constitutionality of the Uruguay Round Agreements Act (URAA), which restored copyright in foreign works that had entered into the public domain because the copyright owners had failed to comply with formalities such as notice; or because the U.S. did not have copyright treaties in place with the country at the time the work was created (e.g., the Soviet Union)

pdf golan_summary_06feb12.pdf

 
   

Re: Federal Copyright Protection of Sound Recordings Fixed Before February 15, 1972

The Association of Research Libraries and the American Library Association provide reply comments on the desirability of bringing under federal protection sound recordings fixed before February 15, 1972.

pdf arl-ala_soundrecordingcomments_13apr11.pdf

 
 
Page 4 of 11
 
 

Partners

Coalition for Networked Information Logo
Library Copyright Alliance Logo
The Scholarly Publishing & Academic Resources Coalition (SPARC) Logo