Re: Fair Use Assumptions

[Ann Okerson <aokerson@pantheon.yale.edu>]

One of the main rights of consumers, particularly libraries, has been
section 109, the first sale doctrine provision.  Unfortunately, that
section applies only to "the owner of a particular copy or phonorecord
lawfully made..."  Licenses are almost always phrased to prevent the
purchaser from becoming an "owner" of a copy.

Anne Klinefelter
Head of Public Services
The University of Miami Law Library
aklinefe@law.miami.edu

On Mon, 27 Jan 1997, Prof. Charles Oppenheim wrote:

> All the more reason for putting a clause into a license that states 
> "Nothing in this contract shall prevent users from making use of 
> exceptions to copyright permitted in law", or words to that effect.

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