RE: electronic journals CCC

["Rick Anderson" <rickand@unr.edu>]

I don't think that most publishers are actually out there rubbing their
hands together and plotting the demise of fair use in any specific way.
However, just about every license I examine forbids behavior that would be
considered well within fair-use boundaries in the print realm.  It's
understandable -- large-scale piracy of print materials is difficult,
whereas with electronic materials it's absurdly easy, so it makes sense to
impose more stringent restrictions on electronic stuff.  But there's
nothing about the fair use doctrine itself that makes, say,
electronic-to-electronic exchange unacceptable -- fair use doctrine talks
about intent, scale and market impact, not format.

-------------
Rick Anderson
Electronic Resources/Serials Coordinator
The University Libraries
University of Nevada, Reno
1664 No. Virginia St.
Reno, NV  89557
PH  (775) 784-6500 x273
FX  (775) 784-1328
rickand@unr.edu

"A revolution involves a change in structure;
a change in style is not a revolution."
        -- Karl Marx

> -----Original Message-----
> From: owner-liblicense-l@lists.yale.edu
> [mailto:owner-liblicense-l@lists.yale.edu]On Behalf Of Anthony Watkinson
> Sent: Wednesday, May 02, 2001 3:24 PM
> To: liblicense-l@lists.yale.edu
> Subject: Re: electronic journals CCC
>
>
> I think there is a distinction between fair use in the print environment
> and the extension of this to the electronic environment. I agree that few
> publishers are keen on electronic to electronic or accept that this can
> automatically be assumed from current fair use doctrine but I am very
> surprised that many publishers deny fair use in the sense of sending or
> faxing print copies. I can state categorically (because I am on the
> relevant committees)  that neither the STM Association nor (in the UK) the
> Publishers Association are acting (or trying to act) to overturn fair use
> in the former sense.
>
> Anthony Watkinson