Fair Use Update: the Latest Round in the Lawsuit Against Georgia State University

The primary objective of this presentation is to provide participants with an up-to- date report on this ground breaking case. While federal courts have ruled on many lawsuits interpreting fair use law, few involve questions of fair use in educational settings. Further, to date, no case evaluates the application of copyright and fair use law in the context of information technologies such as course web sites and learning management systems. Consequently, the rulings in this case will affect how all educational institutions utilizing such technologies manage copyright compliance. At the time of last year's conference, GSU had been sued and accused of violating copyright and fair use law. At that stage of the litigation, GSU's response was a fairly straightforward—yes, we did those things but they are allowed by fair use and therefore not against the law. As of this writing, the focus of the lawsuit has changed somewhat. GSU implemented new policies regarding copyright and fair use and filed a Motion for Summary Judgment essentially asking a judge to declare its policies and practices to be legal. Further, in that same Motion for Summary Judgment, GSU is now raising the defense of 11th Amendment sovereign immunity in light of its status as a public institution. This presentation will provide participants with the most up-to-date information on the pending motions as well as other relevant developments.