Obama Administration Considers Joining Publishers In Fight To Stamp Out Fair Use At Universities | Techdirt

Techdirt. Stories filed under "fair use" 2013-02-03


"Okay, this is really quite unfortunate. In 2011, we wrote about an important copyright case involving three publishers suing Georgia State University for daring to have "e-reserves" that allow professors to make certain works available to students electronically via the university library...  Thankfully, last year, we wrote about how the district court issued an astounding 350-page ruling that basically said that most of these electronic reserves were clearly fair use. We had some issues with the way the judge went about the analysis -- often coming up with random and arbitrary standards for the amount of a work that could be used while remaining fair use, but, on the whole, it was good to see the judge support fair use relatively strongly (and, in some cases, to not even get to a fair use analysis by saying that the use was allowed as 'de minimis' copying).   Of course, no matter what happened, the other side was going to appeal. We're getting closer to the appeals court hearing the case, but something interesting popped up last week. In a somewhat surprising move, the Justice Department jumped in and asked the court for some more time for the filing of amicus briefs from concerned third parties, because it was considering weighing in on the case. The Justice Department? Why should it be interested in a dispute concerning whether or not public university libraries are engaged in fair use by making works available to students?   In digging into this, we've heard from a few sources that it's actually the US Copyright Office that has asked the DOJ to weigh in on the side of the publishers and against the interests of public univerisities and students. Yes, the same Copyright Office that just promoted a former RIAA VP to second in command. I'm sure that's just a coincidence.   Let's be clear: it is flat out ridiculous that the Obama Administration may be supporting the publishers here. Two out of the three publishers are foreign publishing giants, and it would be supporting them against a public university library tasked with helping to educate students..."



From feeds:

Open Access Tracking Project (OATP) » abernard102@gmail.com
Fair Use Tracker » Techdirt. Stories filed under "fair use"


oa.new oa.licensing oa.comment oa.government oa.usa oa.copyright oa.litigation oa.fair_use oa.publishers_association oa.ccc oa.doj oa.georgia_state.u oa.usco

Date tagged:

02/03/2013, 08:06

Date published:

02/03/2013, 03:06