Re: Fair use / fair dealing - a fantasy?

[Peggy Hoon <peggy_hoon@ncsu.edu>]

I am a lawyer.  There are a number of elements that must be met 
before a contract is enforceable.  Certainly if an individual 
understands that they are signing away all the rights I 
previously enumerated, the contract would likely be enforceable. 
I should also add that I do agree with Mr. Thatcher that fair use 
is a right, and not a defense.

On Jun 7, 2007, at 4:34 PM, Paul N. Courant wrote:
> I'm not a lawyer, but my understanding is that contracts trump
> law.  There are certain rights you can't sign away by contract 
-
> you can't sell yourself into slavery, for example - but you can
> certainly sign away your rights to many things that would
> otherwise be lawful if you had not signed a contract. Fair use
> claims are plausibly on the list.  Thus, I think that Sandy is
> exactly right on this point.
>
> I also note that the fact that something is ludicrous is hardly 
a
> proof that it doesn't exist.  This is especially so with 
respect
> to intellectual property law.
>
> -------------------------
> Paul N. Courant
> University Librarian and Dean of Libraries
> Harold T. Shapiro Collegiate Professor
>     of Public Policy
> Professor of Economics and of Information
> The University of Michigan
>
>

Peggy E. Hoon
Scholary Communication Librarian
Special Assistant to the Provost for Copyright Administration
North Carolina State University Libraries
Raleigh, NC 27695-7111
919.513.2045
919.513.3553 (fax)