Re: Fair use/fair dealing - a fantasy?: qusetion

[ml1047@columbia.edu]

Quoting "Copycense (K. Matthew Dames)" <copycense@gmail.com>:

>Therefore, my understanding of the issue echoes that made by a 
>prior contributor to this thread: the general rule is that once 
>a contract is in place, the terms and conditions of the contract 
>prevail over federal copyright law because a contract is 
>considered to be a private bargain between private actors (whom 
>are presumed to have equal bargaining power to negotiate the 
>terms and conditions of the contract). I am assuming, of course, 
>that the contract is valid under applicable state law.

In relation to the intersection of state/federal law presented 
here, would authors/users in US enjoy greater flexibility with 
respect to practices described in these threads as "fair use" 
when the journals's transfer agreement falls under the 
jurisdiction of another country?

Michael Luby