Copyright and Fair Use in an Online or Face to Face Classroom

The Georgia State copyright case (Cambridge University Press v. Patton) was a landmark legal battle that addressed fair use in a nonprofit educational context, specifically focusing on the practice of digitizing portions of books for academic course reserves. The case involved three prominent publishers - Cambridge University Press, Oxford University Press, and Sage Publications - suing Georgia State University for copyright infringement. Throughout the proceedings, the court evaluated fair use based on the four factors outlined in 17 U.S.C. §107: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market.

This case was particularly significant as it highlighted the importance of case-by-case analysis for fair use determinations, rejecting bright-line rules or strict adherence to the Classroom Guidelines. The court distinguished this case from previous "copy shop" cases due to GSU's nonprofit educational status, which played a crucial role in the fair use analysis. While the availability of licensing was considered in the fourth-factor analysis, the court emphasized that it was not conclusive against fair use. Instead, the court stressed the importance of balancing all four factors, with the fourth factor given more weight in cases of nontransformative use. This nuanced approach to fair use in an educational setting has had far-reaching implications for how copyright is interpreted and applied in academic institutions.

Summary of Main Points:

1. The Georgia State copyright case (Cambridge University Press v. Patton) addressed fair use in a nonprofit educational context, specifically digitizing portions of books for academic course reserves.
2. The case involved three publishers (Cambridge University Press, Oxford University Press, and Sage Publications) suing Georgia State University for copyright infringement.
3. The court evaluated fair use based on the four factors outlined in 17 U.S.C. §107:
   • Purpose and character of use
   • Nature of the copyrighted work
   • Amount and substantiality of the portion used
   • Effect on the potential market
4. The case highlighted the importance of case-by-case analysis for fair use determinations, rejecting bright-line rules or strict adherence to the Classroom Guidelines.
5. The court distinguished this case from previous "copy shop" cases due to GSU's nonprofit educational status.
6. The availability of licensing was considered in the fourth factor analysis but was not conclusive against fair use.
7. The court emphasized balancing all four factors, with the fourth factor being given more weight in cases of nontransformative use.

• 2008: Cambridge University Press, Oxford University Press, and Sage Publications sue Georgia State University for copyright infringement.
• 2009: The University System of Georgia develops and implements a Copyright Policy, including a fair use checklist.
• 2012: First District Court opinion issued (Cambridge I). The court found five instances of infringement and issued an injunction.
• 2014: 11th Circuit Court of Appeals reverses and remands the case (Cambridge II).
• 2016: District Court re-decides the case (Cambridge III). Four instances of infringement were found.
• 2018: 11th Circuit Court of Appeals reverses and remands again (Cambridge IV).
• 2020: Final District Court opinion issued (Cambridge V). Ten instances of infringement were found, but Georgia State is still considered the prevailing party.