We’ve previously written about the academic publishing industry’s lawsuit against Georgia State University (“GSU”) and its library system’s electronic reserve practices. In May, Northern District of Georgia Judge Orinda Evans held that these practices were, with a few exceptions, fair use.
Last week, the publishers docketed their much-expected appeal with the 11th Circuit Court of Appeals. Among the issues that the Court will be asked to review whether Judge Evans misapplied the fair use doctrine and whether she failed to order the appropriate injunctive relief. The 11th Circuit will also consider whether Judge Evans’ award to GSU of a whopping $2,861,348.71 in attorneys’ fees was appropriate, especially in light of her holding that GSU did infringe at least a few copyrights.
The appellant publishers’ briefs are due in November, but currently there are various procedural motions pending which may extend the briefing schedule.