Cambridge University Press v. Patton
| Cambridge University Press v. Patton | |
|---|---|
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| United States Court of Appeals for the Eleventh Circuit, United States District Court for the Northern District of Georgia | |
| Full case name | Cambridge University Press et al. v. Becker et al. |
| Judge sitting | Orinda Dale Evans (N.D. Ga.); Gerald Bard Tjoflat, Stanley Marcus, Roger Vinson (11th Cir.) |
| Keywords | |
| E-reserves, fair use | |
Cambridge University Press et al. v. Patton et al. (also captioned v. Becker), 1:2008cv01425, is an ongoing case in the Northern District of Georgia in which three publishers, Cambridge University Press, SAGE Publications, and Oxford University Press, initially filed suit in 2008 against Georgia State University for copyright infringement.
The plaintiffs claimed that Georgia State University engaged in "systematic, widespread and unauthorized copying and distribution of a vast amount of copyrighted works" through its e-reserves system. Georgia State asserted that its system did not infringe copyright because its uses were fair use.
The district court issued a 350-page findings of fact and conclusions of law on May 11, 2012, finding that in almost all cases the alleged infringements were fair use. In a subsequent decision the court deemed that Georgia State University was the "prevailing party" and ordered the plaintiffs to pay GSU's attorney's fees. Notwithstanding the "prevailing party" decision, the plaintiffs characterized the case as "flawed" but not a "loss", but nonetheless filed an appeal.
The costs of the litigation were funded in large part by the Copyright Clearance Center, a licensing company which funded 50% of the litigation and announced plans to continue to do so on appeal, and the Association of American Publishers (AAP).
On October 17, 2014, the 11th Circuit reversed and remanded to the lower court for reconsideration in light of its opinion. The 11th Circuit reversed the grant of attorney's fees, and closely examined the lower court's 300-plus page fair use decision in their own 129-page decision, affirming and reversing various portions of the District Court's analysis. On March 31, 2016, the lower court issued its decision on remand, finding this time 4 of 49 to be infringements, and again awarding costs and attorneys' fees to Georgia State University as the "prevailing party."
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