RE: Derivative works?

["Hamaker, Charles" <cahamake@uncc.edu>]

Sandy Thatcher said:"If the contract had said that "no fair use 
can be made from the content," you would not want to sign any 
such contract!"

I'd say the majority of contracts I see right now attempt to 
limit rights of use to those enumerated in the contract, in 
effect gutting fair use or trumping it through contract language. 
I always try to get in that fair use is one of accepted uses, but 
many contracts start by assuming fair use is out of the question 
and you have to add it back in. Having failed at getting fair use 
out of the public sphere through copyright legislation and court 
cases, many publishers are trying to limit use by contract 
language.

Chuck Hamaker