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RE: Fair use / fair dealing - a fantasy?
I'm not so familiar with US law, but certainly in the UK 'fair
dealing' (our slightly less extensive counterpart to Fair Use) is
certainly not a right. It is a defence against accusations of
infringement (but the infringement has to pass all the necessary
tests, including the over-arching Berne 3-step test)
Fair Use/Fair Dealing has never been an author's right - author
agreements therefore have no bearing on it.
Thus 'Fair Use' seems to me a very misleading name for the 'button'
Sally
PS - I am not a lawyer!
-----Original Message-----
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Peggy Hoon
Sent: 09 June 2007 10:42
To: liblicense-l@lists.yale.edu
Subject: Re: Fair use / fair dealing - a fantasy?
I am a lawyer. There are a number of elements that must be met
before a contract is enforceable. Certainly if an individual
understands that they are signing away all the rights I
previously enumerated, the contract would likely be enforceable.
I should also add that I do agree with Mr. Thatcher that fair use
is a right, and not a defense. Peggy Hoon
On Jun 7, 2007, at 4:34 PM, Paul N. Courant wrote:
> I'm not a lawyer, but my understanding is that contracts trump
> law. There are certain rights you can't sign away by contract
-
> you can't sell yourself into slavery, for example - but you can
> certainly sign away your rights to many things that would
> otherwise be lawful if you had not signed a contract. Fair use
> claims are plausibly on the list. Thus, I think that Sandy is
> exactly right on this point.
>
> I also note that the fact that something is ludicrous is hardly
> a proof that it doesn't exist. This is especially so with
> respect to intellectual property law.
>
> -------------------------
> Paul N. Courant
> University Librarian and Dean of Libraries
> Harold T. Shapiro Collegiate Professor
> of Public Policy
> Professor of Economics and of Information
> The University of Michigan