Re: Fair use / fair dealing - a fantasy?

[Peggy Hoon <peggy_hoon@ncsu.edu>]

Let's not forget the other things the author couldn't do with his/her
work under such a literal interpretation of "all rights"-    If the
author's 107 fair use rights are gone (including the right to quote
his or herself), then the 109 and 110 rights are gone too.  So the
author couldn't buy a copy of the published work and give (or even
lend) it to Mom; couldn't hold up the work in front of his/her class
and couldn't put any portion of it up in an online class pursuant to
the TEACH Act.  Do authors have to start amending publishing
agreements to say "I transfer my 106 rights"?


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
>

Peggy E. Hoon
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)