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

["Sally Morris \(Morris Associates\)" <sally@morris-assocs.demon.co.uk>]

More knowledgeable people may be able to expand on this, but it 
is my understanding that the only other jurisdiction where a 
similar rule explicitly applies is England (and its 'daughter' 
legal systems), whose 'Fair Dealing' is actually slightly less 
extensive - particularly for education - than US 'Fair Use'. 
Some other countries do have specific education exceptions 
(again, these are defences, not rights) which in some cases are 
extraordinarily wide.

Sally Morris
Email:  sally@morris-assocs.demon.co.uk

-----Original Message-----
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of ml1047@columbia.edu
Sent: 13 June 2007 21:55
To: liblicense-l@lists.yale.edu
Subject: Re: Fair use/fair dealing - a fantasy?: qusetion

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