The American Library Association (ALA) has issued a positive response to the recent decision by the U.S. Court of Appeals for the 11th Circuit handed in Cambridge University Press et al. v. Carl V. Patton et al., a case previously covered by Chris Meadows here. This is the latest round of proceedings following the suit bought by the Cambridge and Oxford University Presses, and SAGE Publishers against Georgia State University for copyright infringement in 2008.
Courtney Young, president of the ALA, said: “The appellate court’s decision emphasizes what ALA and other library associations have always supported—thoughtful analysis of fair use and a rejection of highly restrictive fair use guidelines promoted by many publishers. Critically, this decision confirms the importance of flexible limitations on publisher’s rights, such as fair use. Additionally, the appeals court’s decision offers important guidance for reevaluating the lower courts’ ruling. The court agreed that the non-profit educational nature of the e-reserves service is inherently fair, and that that teachers’ and students’ needs should be the real measure of any limits on fair use, not any rigid mathematical model. Importantly, the court also acknowledged that educators’ use of copyrighted material would be unlikely to harm publishers financially when schools aren’t offered the chance to license excerpts of copyrighted work.”
In its judgment, “remanding to the lower court for further proceedings, the court ruled that fair use decisions should be based on a flexible, case-by-case analysis of the four factors of fair use rather than rigid ‘checklists’ or ‘percentage-based’ formulae.”