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LIBLICENSE-L Home

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LIBLICENSE-L  October 2014

LIBLICENSE-L October 2014

Subject:

Re: GSU case

From:

LIBLICENSE <[log in to unmask]>

Reply-To:

LibLicense-L Discussion Forum <[log in to unmask]>

Date:

Fri, 17 Oct 2014 18:24:13 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (65 lines)

From: April Hathcock <[log in to unmask]>
Date: Fri, 17 Oct 2014 17:22:31 -0400

This opinion is much a better opinion for libraries long-term. It
reflects the built-in flexibility that was always meant to be the
hallmark of fair use. The District Court took a very bright-line
approach in an attempt to clarify things, and while the case itself
was seen as being somewhat of a win for libraries, that would not have
been beneficial long-term. Also, the reasoning just wasn't adequately
supported by precedent or legislative history.

GSU may have lost its attorneys fees for now, but this opinion will
provide better fair use protection to academic libraries in the long
run.

April M. Hathcock, J.D., LL.M., M.L.I.S.
Scholarly Communications Librarian
New York University Libraries
70 Washington Square South
New York, NY 10012
[log in to unmask]

DISCLAIMER: The information presented in this email is intended for
informational purposes and should not be construed as legal advice. If
you have specific legal questions pertaining to NYU, please contact
the Office of General Counsel. Information received from the Scholarly
Communications Librarian is not legal advice. The Scholarly
Communications Librarian does not act as legal counsel to the
university or any members of the university community.


On Fri, Oct 17, 2014 at 4:44 PM, LIBLICENSE <[log in to unmask]> wrote:
>
> From: Gary Price <[log in to unmask]>
> Date: Fri, Oct 17, 2014 at 4:31 PM
>
> Direct to Kevin Smith's Post:
>
> "the hot news right now is that the Court of Appeals has reversed the
> District Court’s judgment and remanded the case back for proceedings
> consistent with the new opinion. The injunction issued by the District
> Court and the order awarding costs and attorney’s fees to GSU have
> been vacated."
>
> Full Text post with some initial analysis by Smith:
> http://blogs.library.duke.edu/scholcomm/2014/10/17/reversal-georgia-state/
>
>
> We've also started a post on infoDOCKET that includes an embed of
> today's ruling and background. As more reports/analysus become
> available the post will be updated.
>
> http://www.infodocket.com/2014/10/17/appellate-court-reverses-district-court-judgment-in-publishers-v-georgia-state-u-fair-use-case/
>
> __gary
>
>
> Gary D. Price, MLIS
> Co-Founder and Editor, Library Journal's INFOdocket.com
> Co-Founder and Editor, FullTextReports.com
> Information Industry Analyst
> Librarian
> http://INFOdocket.com
> http://FullTextReports.com

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