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Communications Assistance for Law Enforcement Act and Broadband Access and Services: Request for Stay

This Request for a Stay seeks both a stay of the Commission's First Report & Order pending the release by the Commission of the subsequent orders anticipated by that first Order, and a stay of the First Report & Order pending review of that Order by the U.S. Court of Appeals for the District of Columbia Circuit.

pdf calea-request-stay-23nov05.pdf

 
   

American Library Association, et al., v. Federal Communications Commission and United States of America (2005)

This case arises out of events related to the nation's transition from analog to digital television service ("DTV").

pdf bfappealsruling0505.pdf

 
 

ALA, et al. v. FCC: Reply Brief

Reply brief concerning the Federal Communications Commission broadcast flag mandate.

pdf broadcast-flag-reply-2004.pdf

 
         

Recording Industry Association of America, Inc., Appellee v. Verizon Internet Services, Inc., Appellant

On December 19, 2003, reversing the rulings of the lower court, the US Court of Appeals for the District of Columbia Circuit ruled in favor of Verizon. In a case with significant implications for users of file sharing systems, the decision stopped the RIAA from gaining access to names of individuals that the RIAA suspected of illegally downloading music from the Internet. The suits filed by the RIAA have focused on section 512(h), the subpoena provision of the DMCA, that allows any copyright owner or representative to "request the clerk of any US district court to issue a subpoena" to force an Internet service provider (ISP) to identify "an alleged infringer."

pdf riaavverizon.pdf
 
 

Dastar Corporation, Petitioner v. Twentieth Century Fox Film Corporation Et al.

In this case, we are asked to decide whether ß43(a) of the Lanham Act, 15 U. S. C. ß1125(a), prevents the unaccredited copying of a work, and if so, whether a court may double a profit award under ß1117(a), in order to deterfuture infringing conduct.

pdf dastar603.pdf

 
           

Testimony of Laura N. Gasaway, Concerning Promotion of Distance Education Through Digital Technologies (Jan. 27, 1999)

Testimony on distance education given on behalf of the Association of American Universities, the American Council on Education, and the National Association of State Universities and Land-Grant Colleges.

pdf distance-ed-testomony-gasaway.pdf

 
 

Testimony of James G. Neal, Concerning Promotion of Distance Education Through Digital Technologies (Jan. 26, 1999)

Testimony on distance education given on behalf of the Association of American Universities, the American Council on Education, and the National Association of State Universities and Land-Grant Colleges.

pdf neal-testimony-distance-ed-26jan99.pdf

 
 

Georgia State University E-Reserves Case: Eleventh Circuit Endorses Flexible Approach to Fair Use

Georgia State University LibraryGSU Library
image © Jason Puckett
On Friday, October 17, 2014, the US Court of Appeals for the Eleventh Circuit issued its ruling in the Georgia State University (GSU) case concerning the use of excerpts of academic books for electronic course reserves. The Eleventh Circuit reversed and remanded the decision to the district court. In doing so, the court upheld the importance of the flexible application of fair use. Importantly, the Eleventh Circuit did not rule on whether each of the uses by GSU were fair uses or not, but instead found fault with the district court’s methodology, which used bright-line rules and an arithmetic approach (i.e., if three of the four factors favor fair use, then the use is fair). Assuming that litigation goes forward rather than the case being settled, the district court will need to revisit its fair use analysis, but could potentially again find that GSU’s uses were fair use for most of the works at issue.

For a more detailed analysis of the October 17 ruling, see “In Georgia State University E-Reserves Case, Eleventh Circuit Endorses Flexible Approach to Fair Use,” on the ARL Policy Notes blog.

 
 

Appeals Court Upholds Importance of Diversity in Fisher v. UT Austin

u-texas-austin-towerimage © UT AustinOn July 15, 2014, the US Court of Appeals for the Fifth Circuit announced its decision (PDF) in the case of Fisher v. University of Texas [UT] at Austin, a closely watched case challenging UT Austin’s consideration of race as a part of its admission policy. In a 2-1 decision, the Appeals Court found in favor of UT Austin. The majority wrote, “It is equally settled that universities may use race as part of a holistic admissions program where it cannot otherwise achieve diversity.” The court continued, “This interest is compelled by the reality that university education is more the shaping of lives than the filling of heads with facts—the classic assertion of the humanities.”

 
 

Authors Guild v. HathiTrust (2014)

The HathiTrust is a partnership of major research institutions and libraries working to ensure that the cultural record is preserved and accessible long into the future. There are more than sixty partners in HathiTrust, and membership is open to institutions worldwide. The HathiTrust digital library is comprised of nearly 10 million scans that resulted from the Google Library Project and other digitization efforts by research libraries. 

 
 

Strong Fair Use Decision Issued in Bouchat v. Ravens

baltimore-ravens-playing buffalo-billsimage © Lauren SwiecickiIn a long-running legal dispute between Frederick E. Bouchat and the Baltimore Ravens along with the National Football League (NFL), a federal appeals court has ruled that the use of the former Ravens logo by the Ravens and the NFL was fair use. The case involved the incidental use of copyrighted logos in films about historical events—football games, in this instance.

 
 

GSU Copyright Case: Post-Argument Panel to Be Held, Webcast Nov. 19

Georgia State University LibraryGSU Library
image © Jason Puckett
In 2012, the North Georgia District Court ruled largely in favor of Georgia State University (GSU) in the ongoing copyright lawsuit initiated by Cambridge University Press, Oxford University Press, and SAGE Publishers. The decision was the first US federal court decision specifically addressing fair use and electronic reserves. Plaintiff publishers appealed on many points of the ruling.

 
 

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.

 
 
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