The GSU Decision — Not an Easy Road for Anyone
By Kevin Smith
Overall there is good news for libraries in the decision issued late yesterday in the Georgia State University e-reserves copyright case. Most of the extreme positions advocated by the plaintiff publishers were rejected, and Judge Evans found copyright infringement in only five excerpts from among the 99 specific reading that had been challenged in the case.
That means she found fair use, or, occasionally, some other justification, in 94 instances, or 95% of the time.
But that does not make this an easy decision for libraries to deal with. Indeed, it poses a difficult challenge for everyone involved, it seems. For the Judge, it was a monumental labor that took almost a year to complete. She wrote 350 pages, working through a raft of legal arguments first and then painstakingly applying them to each of the challenged readings.
- Court rejects many of publishers’ arguments on e-reserves (insidehighered.com)
- Judge decides mostly in favor of Georgia State University in e-reserves case (teleread.com)
- The GSU E-Reserves Decision: First Thoughts (insidehighered.com)
- Georgia State University E-Reserves Copyright Case Ruling (Cambridge University Press et al. v. Patton et al.) (digital-scholarship.org)