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From:
LIBLICENSE <[log in to unmask]>
Reply To:
LibLicense-L Discussion Forum <[log in to unmask]>
Date:
Mon, 13 May 2013 17:22:46 -0400
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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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