From: "Eastman, Garrett" <[log in to unmask]>
Date: Wed, 15 May 2013 16:34:11 +0000

Hi Diane,

I appreciate your advice, thanks for the time to write.

When I contended that fair use applies to digital resources as well as
print, the rep responded "We have outlined many rights that authorized
users have in this license and if you feel there is something that
users need that is not addressed in this contract, let us know and we
will examine the request."  I'll review with them further but they may
not be willing to budge.  They are considering a broader definition of
authorized users and have been willing to incorporate most other
changes I've requested.  But I've never encountered such a stand
before.

Again, thank you for your help.

Garrett

-----Original Message-----

From: "Gurman, Diane" <[log in to unmask]>
Date: Mon, 13 May 2013 22:29:01 +0000

Garrett,

It sounds like the rep who wrote to you is confusing fair use with
first sale.  Try asking again, explaining the difference between the
two.

Best,
Diane

Diane Gurman
Scholarly Communication and Licensing Librarian UCLA
33456 Charles E. Young Research Library
Los Angeles, CA 90095-1575



-----Original Message-----

From: Winston Tabb <[log in to unmask]>
Date: Sat, 11 May 2013 21:35:29 +0000

That is a ridiculous assertion by Wiley.

----- Original Message -----
From: "Eastman, Garrett" <[log in to unmask]>
Date: Fri, 10 May 2013 18:02:16 +0000

Greetings.

While I am negotiating a license for my institution with Wiley for
access to one of their databases, I've requested inclusion of the
following clause, following LIBLICENSE's model, under terms and
conditions:

"The Licensee and the Authorized Users may access or use the Licensed
Materials in ways that are consistent with this Agreement's terms and
conditions and the Copyright Act of 1976 (17 U.S.C. § 101, et seq.)
including the Copyright Act's limitations on exclusive rights
provisions. "

Their response is "Wiley will not accept the Fair Use provision (which
applies to print.)"  But does it solely?  Has anyone encountered this
or successfully negotiated inclusion of some sort of fair use rights
in an electronic resource with Wiley?

Many thanks.

Garrett Eastman
Director of Libraries
Becker College
Worcester, MA 01609
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