Last Friday the Judge finally handed down a decision in the Georgia State University e-reserves case, a year after the trial and three years after the suit was brought by academic publishers SAGE, Cambridge University Press, and Oxford University Press. These publishers sued GSU for allowing faculty to upload course readings excerpted from books to the university’s course management system, alleging that the university had gone beyond the accepted guidelines for fair use.
It’s only Monday morning but there’s already been loads of commentary on the decision, a PDF of which was posted online late Friday by Nancy Sims, Copyright Program Librarian at the University of Minnesota. It seems that on balance the decision favors GSU and libraries: copyright violation was found in only 5 of the 99 instances of uploading course readings. I’m sure there will be more coming on this case, as neither GSU nor the plaintiffs have released comments on the decision. But here are some great articles to get you started considering this case and its potential effects on academic libraries:
One of the college service projects I’m working on involves the creation of a new digital platform for teaching and learning at my college. As faculty have begun to use the platform for their courses this semester, I’m finding that there’s been an uptick in the number of questions I field about posting course readings online. We don’t have an ereserve system at my library, and while I take any opportunity I can get to promote direct linking into our article databases, inevitably there are readings that faculty need to assign to their students that aren’t available in the databases.
It’s so interesting to see the range of awareness about copyright issues among my faculty colleagues. When they ask me whether then can post scanned book chapters or articles on their password-protected course sites, I respond by mentioning the Georgia State copyright case and urging caution. Many (most?) of the faculty I’ve spoken with aren’t aware of the case, perhaps because, like so many other aspects of the scholarly communications system, it seems like a library problem?
I like talking with faculty about copyright alternatives: about open access publishing, public domain materials, creative commons licenses, and how openness benefits researchers and the public — I could go on for hours. And I sympathize with faculty who struggle to get course materials to their students in the most efficient way possible. But I don’t like it when there are no acceptable alternatives. That’s tough to talk about, and I hate the hollow awkwardness that comes with telling colleagues that it’s not advisable to do something that is already such an accepted practice in faculty culture.
The Georgia State trial has ended. Once the verdict is announced, whatever the decision, we’ll have another opportunity for conversations about copyright alternatives with faculty. How can we promote awareness across the academy and emphasize that copyright isn’t just a library issue?
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.