Re: Fair-Use/Schmair-Use...

[Charles Oppenheim <C.Oppenheim.--.LBORO.AC.UK@lists.yale.edu>]

"Fair dealing" in the UK ("Fair Use" in the USA) is one of a 
number of exceptions to copyright that provides a defence against 
an infringement action. In particular, in this context, it is the 
defence that you were entitled to make and/or receive a copy of a 
work for the purposes of non-commercial research or private study 
without having to ask permission from the copyright owner or pay 
the owner any fees. So if I were to e mail Stevan to ask him to 
send me a copy of an article he had written because I wanted it 
for my own non-commercial research or private study, then if the 
copyright owner were to sue me for infringement, I would say I 
was fair dealing, and if the owner were to sue Stevan, he would 
say he supplied me a copy because I needed it for fair dealing 
purposes.

With respect, both Stevan and Peter are in part incorrect; Peter, 
Stevan's use of the term "fair use" is perfectly legitimate as 
what he is proposing is indeed an example of fair use and there 
IS a legal basis for what Stevan would be doing; and Stevan, you 
are wrong to say that fair use is an out of date concept only 
applicable to print because in fact it applies equally well to 
electronic copies.

     [SH: Agreed. To the extent it is applicable, and needs no adapatation
     or update, Fair Use it is, and not "Schmair Use"...]

I agree with Peter that the term "archive" had a quite different 
meaning well before OA came on the scene, and its use by the OA 
community does therefore cause confusion.

     [SH: I think "archive" too could have been adapted and updated,
     rather than requiring "repository" (which also had a quite different
     meaning before either the online medium or OA came on the scene). But
     "repository" is now widely used, and you can't fight with usage...]

Charles

Professor Charles Oppenheim
Head
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU

Tel 01509-223065
Fax 01509 223053