Federal appeals court rejects Georgia State U.'s '10-percent rule' for determining fair use @insidehighered

abernard102@gmail.com 2014-10-20

Summary:

"While academic publishers on Friday notched a rare win in the ongoing legal debate about digital access to copyrighted works, proponents of fair use said the opinion in Cambridge v. Patton recognizes that colleges and universities can legally create digital reserves of books in their collections. In a unanimous decision, a three-judge panel of the U.S. Court of Appeals for the 11th Circuit, which covers Alabama, Georgia and Florida, rejected a broad ruling on how to determine fair use. The decision guarantees the case has a long and litigious road ahead of it by reversing the district court’s opinion and sending the case back for further deliberations. Rather than strike a decisive blow against fair use, the legal concept that places some limits on the rights of copyright holders, the appeals court instead issued a stern warning against quick-fix, one-size-fits-all solutions to legal disputes -- specifically, the idea that copying less than a chapter or 10 percent of a book automatically protects an institution from a lawsuit ..."

Link:

https://www.insidehighered.com/news/2014/10/20/federal-appeals-court-rejects-georgia-state-us-10-percent-rule-determining-fair-use

From feeds:

Open Access Tracking Project (OATP) » abernard102@gmail.com

Tags:

oa.new oa.comment oa.litigation oa.cup oa.oup oa.sage oageorgia_state.u oa.publishers oa.business_models oa.copyright oa.licensing oa.fair_use oa.libre

Date tagged:

10/20/2014, 15:05

Date published:

10/20/2014, 11:04