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Re: Fair Use Assumptions

When it comes to matters legal, assume nothing.

One approach to ensure that fair use is applied (or at the least
considered) is to include a clause at the end of the license agreement
which says, in effect:
--
Regardless of other provisions within this agreement, (licensee's name
here) retains the right to use the product described within this agreement
applying all provisions of U.S. copyright law sections 107 and 108
regarding the fair use doctrine.
--
Your information provider may not agree with you and may deny inclusion of
the clause, but then nothing will be left to assumption.  Of course, you
will have to decide if the product is worth the surrender of fair use or be
willing to pay additional fees the information provider insists are
necessary in order to cover real or imagined revenue losses. 

--Scott


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                  Scott B. Wicks             ***
              Acquisitions Librarian       ***
            Cornell University Library   ***
                110A Olin Library      ***
                    Ithaca, NY       ***
                    14853-5301     ***
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