An Atlanta federal judge has set the standard for when schools can give their students access to excerpts of copyrighted works without paying licensing fees – although her approach may be revisited in a potential appeal by publishers who had challenged practices at Georgia State University.
A 340-page opus by Judge Orinda Evans of the U.S. District Court for the Northern District of Georgia sided with GSU on all but five of publishers’ 75 specific claims of copyright infringement. In so doing, Evans came close to setting a bright line rule as to when free copying is allowed, holding that such use generally is permissible if a professor copies no more than 10 percent of the pages in the book. But she acknowledged the importance of other considerations that theoretically could result in more disputes.
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