Re: Permitted Use Clause

["Dave Fisher" <Dave@library.ucsd.edu>]

Jenifer has failed to note here what is, I believe, key to this whole
discussion today - namely the qualifier at the end of this clause which
states "Fair Use laws apply."  I approved this license for signing last
winter without challenging this paragraph specifically because it was
qualified by that final statement. Fair Use doctrine is a practice we all
try to abide by and to make our users aware of. In the rare instances
where it can be proven otherwise, the offender may be held accountable.

If I was too liberal with this interpretation I'd appreciate some advice
on how I might have handled this differently.

.
>>> kaemper@ub.uni-stuttgart.de 07/11/02 02:40PM >>>

"Hundreds of copies" - of a single article by a single person???
Certainly not as that does not qualify as "fair use".

I feel very strong about a publisher telling you that you won't have to
pay CCC fees when in fact the license says just the opposite. Surely the
CCC would not agree if they take notice.

If you are not allowed to delete the clause, insert another clause stating

"This Licence shall be deemed to complement and extend the rights of the
Licensee under the national Copyright Act [please replace this by the
appropriate wording for the U.S.] and nothing in this Licence shall
constitute a waiver of any statutory rights held by the Licensee from time
to time under that Act or any amending legislation."

This would guarantee that at least fair use exemptions are not affected.
Still, you should include separate provisions for course and reserve
packs.

Bernd-Christoph Kaemper, Stuttgart University Library