Publishers Cambridge University Press, Oxford University Press USA and SAGE have announced their intention to appeal the May 11, 2012 decision in the copyright case with Georgia State University (GSU). The three, who are members of the Association of American Publishers (AAP), have stated that as publishers who are of the academy themselves, they have taken the decision only after considerable discussion within their organisations and consultation with authors whose work they publish. They can scarcely overstate the commitment to the core mission of the library as a cultural institution, the publishers have noted.
The statement further says that from the earliest days of this litigation, the publishers have been solely focused on the need for a solution that is genuinely workable for all participants in the academic community, one that respects established fair use principles and basic copyright protection for their authors’ work without unduly encumbering teachers and librarians.
This case had the potential to mark a significant first step toward addressing the need for clarity around issues of copyright in the context of higher education, where current practices around fair use in a digital environment vary widely and could benefit from sound judicial guidance, according to the publishers. Their hope was that the District Court would provide that guidance.
Instead, it has been pointed out, the Court's rulings, culminating in the August injunction decision, shift radically from long-accepted fair use principles and introduce, among other errors, unsustainable policies regarding the proportion of a work not readily available for digital licensing that can be digitally copied without restriction. The publishers state that they have no alternative but to appeal, to protect its authors’ copyrights and advocate for a balanced and workable solution.
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