May 16 will be the trial date for this important case on on fair use. As Publishers Weekly says:
While the high-profile, visionary Google settlement has captured the attention of the publishing industry at large, e-reserves is popular, common practice that has long vexed publishers. The practice takes its name from the traditional library “reserve” model, where a professor might make a limited number of physical copies of articles or a book chapter available for students, generally subject to permission, and, in theory, with reproduction fees paid to publishers. In the digital world, however, educators can now scan or download chapters or articles, create a single copy, place it on secure, password-protected server, and allow students to access the copy. Educators insist the practice is fair use, while publishers claim the practice is sapping revenue.
However it goes, the Georgia State case is now on track to deliver something the Google litigation did not: a decision that could impact the scope of fair use.
