Re: How the Immediate-Deposit/Optional-Access Mandate + the "Fair Use" Button Work

[Sandy Thatcher <sgt3@psu.edu>]

Sorry, Stevan, but if the author has the option to deny sending 
the article (on your second alternative), then in effect the 
author is either not giving permission to the requestor to use it 
for the stated purpose or is making it more difficult for the 
requestor to gain access to the article, and neither of these is 
properly considered a matter of "fair use." Fair use occurs 
without any process of permissioning involved, and it is not a 
matter of access anyway but of use; the requestor can still make 
"fair use" of the content of the article when accessed in another 
manner.

>      How the Immediate-Deposit/Optional-Access Mandate + the "Fair Use"
>      Button Work:
>      http://openaccess.eprints.org/index.php?/archives/274-guid.html
>
> Illustrates exactly how even embargoed (Closed Access) deposits can
> provide almost-immediate almost-OA -- as long the deposit itself is done
> immediately upon acceptance for publication -- with the help of the
> Institutional Repository's "Fair Use" Button.
>
> Stevan Harnad
Sanford G. Thatcher
Director, Penn State Press
University Park, PA 16802-1003
phone: (814) 865-1327
fax: (814) 863-1408
http://www.psupress.org