v.22 #1 From the University Presses – Georgia State and (Un)Fair Use: A Rebuttal to Kenneth Crews

Column Editor: Sanford G. Thatcher (Director, Penn State Press, USB 1, Suite C, 820 N. University Drive, University Park, PA 16802-1003; Phone: 814-865-1327; Fax: 814-863-1408)


The suit brought on April 15, 2008, by three academic publishers — the presses of Cambridge and Oxford universities and the commercial house Sage — against Georgia State University is wending its way through the legal process of the federal court of the Northern District of Georgia, and it may be several months yet before any judicial opinion is forthcoming. But the case has already included an interesting intervention by Columbia professor Kenneth D. Crews, wellknown to many as a frequent lecturer and writer on copyright issues and the long-time head of Indiana University’s Copyright Management Center in Indianapolis, which produced a great deal of very useful educational material aimed at helping graduate students and faculty understand their rights and responsibilities under copyright law.

The law firm of King & Spalding representing the defendants in the case commissioned Crews to prepare an “expert report” on copyright law and fair use as it pertains to the policies and practices carried on at Georgia State, and initially a 72-page document was submitted to the court on June 1, 2009. After responses were provided by the plaintiffs and their attorneys, Crews completed a rebuttal, filed on November 2. These are the two documents that will be the main focus of this article. They are accessible at Peter Hirtle’s LibraryLaw blog here: http://blog.librarylaw.com/librarylaw/2009/11/crews-importantstudies-on-ereserves.html.  

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