Author: K. Matthew Dames
This article discusses the impact of a the recent federal district court decision [pdf] that, for the first time, provides colleges and university with some guidance on the use of copyrighted works for instructional purposes.
In April 2008, Cambridge University Press, Sage Publications and Oxford University Press sued officials at Georgia State University (“GSU”), claiming they were responsible for copyright infringement. The publishers’ complaint arose from Georgia State’s practice of allowing faculty to use university networks and university library E-reserves systems to copy and distribute book excerpts to students without paying licensing fees.
Officials for GSU, a public university, claimed that the creation and use of the unlicensed copies were allowable pursuant to the the fair use doctrine, and therefore not copyright infringement. The officials also responded that the sovereign immunity doctrine precluded GSU or its officials from copyright infringement liability.
Judge Orinda D. Evans ruled May 11, 2012, that GSU professors had committed five copyright infringements from four of the publishers’ titles. The publishers had alleged 75 copyright infringement claims. The publishers will file within 20 days their proposed injunction.