From: Kevin Smith <[log in to unmask]>
Date: Mon, 20 May 2013 23:14:14 +0000

I know of no such cases, and my previous message did not suggest that
there were any.  What I said was that fair use is available, as a
default position under federal law, unless it (or some specific uses
that would otherwise be fair use) was specifically ruled out by the
terms of the license.

Several proposals for copyright reform, however, would reverse this
situation by stating that provisions of the copyright law would
preempt contrary contractual provisions.

Kevin L. Smith, J.D.
Director of Scholarly Communication
Duke University Libraries
Durham, NC 27708


On May 20, 2013, at 6:29 PM, "LIBLICENSE" <[log in to unmask]> wrote:

> From: Sandy Thatcher <[log in to unmask]>
> Date: Sun, 19 May 2013 21:00:59 -0500
>
> I would be curious to know if Kevin can cites cases where fair use has
> trumped the terms of a licensing agreement that specifically forbids
> something that would normally be considered fair use.
>
> Sandy Thatcher