Previous by Date Index by Date
Threaded Index
Next by Date

Previous by Thread Next by Thread

RE: Fair Use Assumptions

Anne Klinefelter raises a good point here. In many cases, libraries
do not "own" digital/electronic copies in the same way that they
"own" paper copies.

One way to work around this might be to insert a section dealing with fair
use of copyrighted materials that, in effect, grants the licensee (for
purposes of fair use) the same rights for digital/electronic resources
that it has for purchased print copies. 

I put together a quick, rough draft of such a section. I'd be interested
to see if folks think this approach has merit, or whether it's all wet. 
This proposed wording does not grant ownership of the data. It just grants
certain rights associated with ownership. 

Anyway, I'd be curious to know what others think of the following.
The wording isn't perfect, and I'm sure there are implications that
I'm not aware of, but it's a start.

For the duration of this Agreement, and for purposes of fair use of 
copyrighted materials, as defined in (legal description of applicable 
sections of copyright law), licensor grants to licensee such rights
as are granted to owners of copies under the first sale doctrine

Bernie Sloan

Bernie Sloan                                     
Senior Library Information Systems Consultant
University Office for Planning & Budgeting
University of Illinois
(217) 333-4895 
© 1996, 1997 Yale University Library
Please read our Disclaimer
E-mail us with feedback