August 20, 2017

Four Fair Use Takeaways from Cambridge University Press v. Patton

The most important copyright and educational fair use case in recent memory (mine, at least) was decided by the Eleventh Circuit Court of Appeals last week. The case, Cambridge University Press v. Patton, challenged Georgia State University’s use of e-reserves in courses offered by the university. The copyrighted works at issue were scholarly books–i.e., a mix of monographs, edited volumes, and portions thereof–not textbooks. This case is important because of its broad applicability to similarly situated academic institutions throughout the country that routinely engage in the same practices for which GSU was sued. It’s also important because the court’s decision re-articulated and faithfully followed some foundational fair use principles from prior case law. Readers of the case who are proponents of a vigorous fair use doctrine shouldn’t be disheartened by the fact that the Eleventh Circuit reversed the district court’s ruling in favor of GSU and remanded the case for reconsideration. Ultimately, this case is good news for educational fair use. Here are four reasons why:
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