May 20, 2022

New ARL Issue Brief Recaps Georgia St. University Copyright Decision, Looks at Implications


GSU Fair Use Decision Recap and Implications


Brandon Butler
Director of Public Policy Initiatives
Association For Research Libraries

Butler Writes:

Although the decision is certainly not perfect (the use of bright line rules for appropriate amount under factor 3 is particularly troubling), Judge Evans has written a thorough and thoughtful analysis of the issues, and her opinion represents an overwhelming victory for Georgia State individually, a major defeat for the plaintiff publishers and for the AAP and CCC, and overall a positive development for libraries generally. The substance of the opinion is not ideal, but it is far more generous than the publishers have sought, it establishes a very comfortable safe harbor for fair use of books on e-reserve, and libraries remain free to take more progressive steps.

Direct to Full Text of Issue Brief (8 pages; PDF)

See Also: Full Text of Decision Along with Links to Analysis and Commentary from James Grimmelmann and Kevin Smith (May 12, 2012)

See Also: Statements From:

About Gary Price

Gary Price ( is a librarian, writer, consultant, and frequent conference speaker based in the Washington D.C. metro area. Before launching INFOdocket, Price and Shirl Kennedy were the founders and senior editors at ResourceShelf and DocuTicker for 10 years. From 2006-2009 he was Director of Online Information Services at, and is currently a contributing editor at Search Engine Land.