Librarians across the country watched as last month's long-anticipated judicial decision in the Georgia State University lawsuit came down overwhelmingly in favor of the university's fair use.
The lawsuit, brought by publishers, charged that the university had exceeded fair use in its policies on posting reserves materials for classes electronically. The judge, however, in some areas used a different logic than in the Code of Best Practices in Fair Use for Academic and Research Libraries to arrive at her conclusions.
An extensive policy brief from the Association of Research Libraries details the decision and explores the implications. In short, the decision affects only GSU; other libraries may continue to make their own decisions on fair use. The case may be appealed, with new or different conclusions. The ARL is preparing an FAQ for librarians, which we will place on the Code's website.