Re: Clarification (RE: "Fair Use" Is Getting Unfair Treatment)

["Lesley Ellen Harris" <lesley@copyrightlaws.com>]

Also, when you license a database, there may be provisions in the license
that allow or disallow certain or specific copies being made.  You must
always check the license before copying.

Lesley Ellen Harris
lesley@copyrightlaws.com
202.255.2522

For copyright and e-commerce news delivered to your e-mail, send a note to
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----- Original Message -----
From: "Hamaker, Chuck" <cahamake@email.uncc.edu>
To: <liblicense-l@lists.yale.edu>
Sent: Friday, May 24, 2002 11:58 AM
Subject: RE: Clarification (RE: "Fair Use" Is Getting Unfair Treatment)

> Rick Anderson says:"The legal guidelines for fair use are the same whether
> I want to make copies from a book in my possession or from a database to
> which I have leased access" I think this is not true.
>
> If the database owner has taken technological steps to restrict me from
> fair use actions, then it is illegal to circumvent those technological
> protections in order to make fair use of the content of the database. IT
> is illegal to circumvent adobe's security even if the use I want to make
> of the content is legal. That is what the DMCA does, removes the test of
> fair use from the equation.
>
> Chuck
>
> -----Original Message-----
> From: Rick Anderson [mailto:rickand@unr.edu]
> Sent: Wednesday, May 22, 2002 11:38 PM
> To: liblicense-l@lists.yale.edu
> Subject: RE: Clarification (RE: "Fair Use" Is Getting Unfair Treatment)
>
> > While one does not
> > 'own' intellectual property, ownership of the 'container' certainly (at
> > least at this point in time) grants many more freedoms than leasing the
> > access medium does.
>
> More practical freedoms, yes, but not more legal freedoms.  The legal
> guidelines for fair use are the same whether I want to make copies from a
> book in my possession or from a database to which I have leased access.
> (License agreements may restrict me further than that, of course, which is
> why I must read them carefully and negotiate where appropriate.)
>
> -------------
> Rick Anderson
> rickand@unr.edu