A very brief set up of the facts that Judge Evans found to be material is required. Professors would request that the library staff upload particular excerpts of works to the University’s intranet, ERES. The excerpts were required reading for students in particular courses, and only those students would have access to the excerpts through a password protected system. The students could read, download, and print the excerpts. The excerpts ranged in length, but on average and most often represented one chapter of a book. Before the library would upload the excerpts, the professors were required to complete a “fair use checklist.” The publishers each had relationships to varying degrees with the Copyright Clearance Center to handle permissions for excerpts of some of their works. The University had no money in its budget to pay for licenses to use the excerpts.
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|This Kat feels it necessary to disclose|
that she is about to be come a published
author with Oxford University Press
in the work shown above.
She has made every attempt
not to let this relationship color
her analysis of the case at hand.