Academic publisher Cambridge University Press (CUP), UK, has responded to a US judge’s long-awaited ruling in the case it brought, along with Oxford University Press and Sage Publications Inc., in 2008. The three publishers sued Georgia State University (GSU), claiming that GSU’s use of unlicensed book excerpts in its e-coursepack materials violated US copyright law. The University has been held liable for five copyright infringement claims, after a ruling on May 11 by US District Judge Orinda Evans.
According to Peter Davison, Corporate Affairs Director at CUP, the Judge’s ruling recognises that GSU’s copyright policy is flawed. It also makes it clear that the existence of a convenient and economical licensing solution (such as that offered by the Copyright Clearance Centre) would make the reproduction and distribution on the scale that GSU has engaged in unacceptable without such a licence.
CUP acknowledges the demand from researchers, librarians and other users of copyright material for clear and reliable guidance about the levels of copying and distribution that may be undertaken within the ‘fair use’ limits of US law. However, it is sceptical that a single quantitative figure can usefully be applied to cover all cases.
Further, Davison said that CUP is disappointed at the failure of the court in this case to recognise that GSU’s conduct amounted to systematic and industrial-scale unauthorised reproduction of its authors’ works. CUP will continue, together with its trade association, the Association of American Publishers, and with collective licensing bodies, to seek a workable policy in this area, for the scholarly community.
