If the university presses that sued Georgia State over the use of electronic readings offered their students through the campus CMS, department pages, and library e-reserves were looking for a “whoops” and the kind of statement that Cornell (and other schools) have adopted – they guessed wrong.
At issue: well, it depends on how you frame it. University presses think Georgia State violated their rights by not “seeking permission” (copyright lingo for “paying”) to use digital copies of their publications. They want the university to adopt practices that are at least closer to their more limited definition of fair use. Georgia State believes they were furthering students’ education in a way that is fair use. And in papers filed on Tuesday they’ve just explained their side of it to the court.
Andrea Foster’s article in the Chron (the only coverage of this development that I’ve seen so far) points out that Georgia State is making another argument – as a state institution they’re immune from prosecution.
Without having a copy of the filing, it’s hard to read the tea leaves – but this could be precedent-setting in ways the previous settlements were not. How interesting that this document was filed just before ALA is having its annual meeting in Annaheim and at the very same time the American Association of University Presses is meeting in Toronto. I’d love to have two flies on those conference center walls with Twitter accounts.
(The AAUP has a statement of support for the press’s suit posted on their website, but it’s from last April. I tried to see if they have updates on their blog, but guess what – it’s closed to non-members. I also couldn’t find a statement from Georgia State’s press office at their Website.)
Do you know more about this court filing? Do tell.