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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. FAIR USE OF COPYRIGHTED MATERIALS ---------------------------------------------------------- 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 provision. Bernie Sloan ************************************ Bernie Sloan Senior Library Information Systems Consultant University Office for Planning & Budgeting University of Illinois (217) 333-4895 BernieS@uillinois.edu ************************************
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