- If possible, disable any download features and allow students only to view material without downloading.
We can see how a court interprets fair use in the context of e-reserves in a recent decision from a U.S. District Court in Georgia.[1] A group of publishers sued Georgia State University officials over copyrighted material posted on Georgia State’s e-reserves. Instructors at Georgia State had posted the material for students to read, sometimes relying on fair use instead of obtaining permission. The publishers alleged that Georgia State’s policies on the use of copyrighted material were too lax and not properly enforced, and that the publishers’ copyrighted materials were infringed as a result.[2] Because of sovereign immunity, the publishers did not seek damages, but sought an injunction ordering Georgia State to change its practices.
A few months before this book went to press, the trial court issued a 350-page ruling that mostly favored Georgia State. Out of ninety-nine alleged instances of infringement, the court sided with the publishers only five times.[3] Before we take a closer look at the federal district court’s analysis, it’s important to note that the publishers have already appealed this decision to the United States Court of Appeals for the 11th Circuit. At the time you read this, there may already be a decision from the appellate court, which you definitely will want to look at.
In the Georgia State case, all the alleged infringements the court considered involved chapters and other excerpts from nonfiction books used as supplemental reading in courses (in addition to assigned textbooks), with access limited to students enrolled in the applicable course.[4] The court found that the first factor in the fair use test (character and purpose of the use) favored Georgia State in all instances because the copying was done for nonprofit educational purposes. The court also found that the second factor (nature of the work) always favored Georgia State because all the works copied were nonfiction.[5]
On the third factor (amount and substantiality of the portion used), the court held that the limits suggested by the Classroom Guidelines were too
