One clarification (OA Mandates, Embargoes, the "Fair Use" Button)

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

> The point still remains that you were talking about a scenario 
> where the author already signed a contract, and you claimed 
> that fair use rights remain the author's prerogative even after 
> signing such a contract. Rick and I agree that this is not so. 
> Fair use rights for everyone else remain, but not the author. 
> Once a contract is signed, the author is bound by the terms and 
> fair use doesn't apply.

My point was not that a transfer of "all rights" necessarily takes away 
the author's privileges under fair use doctrine -- my point was only 
that a copyright transfer agreement certainly CAN take away the author's
right to forward single copies of his work, if it specifically says 
that.  My point (contra Stevan) was that the law of the land, which may
well allow that kind of one-off redistribution even under a transfer of 
"all rights," does not preclude an author entering into a contract that
specifically forbids it.

---
Rick Anderson
Dir. of Resource Acquisition
Univ. of Nevada, Reno Libraries
rickand@unr.edu