Re: Fair use / fair dealing - a fantasy?

[Peggy Hoon <peggy_hoon@ncsu.edu>]

I agree with Heather.  If this interpretation of "all rights" was
correct, that would make the author the only person in the world who
had no fair use rights with respect to the work.
Peggy
Peggy E. Hoon, J.D.
Scholary Communication Librarian
Special Assistant to the Provost for Copyright Administration
North Carolina State University Libraries
Raleigh, NC 27695-7111
919.513.2045
919.513.3553 (fax)

On Jun 5, 2007, at 11:41 PM, Heather Morrison wrote:

> Sandy Thatcher wrote:  Most journal contracts I am familiar with
> specify the transfer of "all rights." Such a transfer means what
> it says, quite literally, and it is entirely unnecessary
> therefore to include any specific waiver of fair use rights. The
> very act of transferring all rights effectively accomplishes
> that, and nothing more needs to be added.  Full post at:
> http://www.library.yale.edu/~llicense/ListArchives/0706/msg00001.html
>
> If this were true, then for such works there is no fair use /
> fair dealing - and never was!  This is ludicrous!
>
> Publisher/author agreements vary a great deal with respect to
> transfer of rights.  Agreements that give publishers rights to
> publish, first publication, and often redistribution, but leave
> all other rights in the hands of authors, are now common, as is
> the use of Creative Commons licensing.
>
> Authors with options for quality publishing are well advised to
> seek the publication route that leaves them their rights.  No
> wonder submissions at Hindawi are rising!
>
> Any opinion expressed in this e-mail is that of the author alone,
> and does not represent the opinion or policy of BC Electronic
> Library Network or Simon Fraser University Library.
>
> Heather Morrison, MLIS
> The Imaginary Journal of Poetic Economics
> http://poeticeconomics.blogspot.com
>