From: "Hoon, Peggy" <[log in to unmask]>
Date: Wed, 15 Apr 2015 13:12:11 +0000

Hi Sandy,

Yes, OUP-New York

LICENSOR: THE CHANCELLOR, MASTERS, AND SCHOLARS OF THE UNIVERSITY OF
OXFORD trading as OXFORD UNIVERSITY PRESS USA of 198 Madison Avenue,
New York, NY 10016, USA.

I’m not remembering, without checking, which I said to you but I did
double-check it this time and  yes, it is OUP New York.

peggy



From: Sandy Thatcher <[log in to unmask]>
Date: Sun, 12 Apr 2015 20:01:29 -0500

As i replied to you privately earlier:

> Thanks, Peggy. I assume this is OUP-New York, not OUP-London since the language uses "fair use." I wonder how OUP would feel if someone like Jonathan Band were to argue (as he has) that using an entire monograph in an e-reserve system is fair use because it is "transformative" because the use in a classroom is not the primary use intended for the work?  Do these presses know what they are actually allowing to happen under that rubric?  What happens if a court upholds this interpretation of the law? Can OUP go back and retroactively remove this clause? Nope.

Sandy Thatcher


> From: "Hoon, Peggy" <[log in to unmask]>
> Date: Fri, 10 Apr 2015 14:28:38 +0000
>
> Hi Sandy,
>
> A little late to the discussion (because I've been inundated
> remediating licenses) but here is a clause straight out of the Oxford
> University Press license that came from the press:
>
> 2.4    Nothing in this Agreement will limit the Authorized Users'
> rights to make Fair Use of the Licensed Works.
>
> Is this what you were asking for?
>
> Best,
>
> Peggy
>
> Peggy E. Hoon, J.D.
> Scholarly Communications Librarian
> J. Murrey Atkins Library
> University of North Carolina at Charlotte
> [log in to unmask]
>
>
>
> From: Sandy Thatcher <[log in to unmask]>
> Date: Tue, 7 Apr 2015 20:22:38 -0500
>
> Can you cite me an example of such contractual language?  Many
> publishers are still making the mistake of including notices on their
> copyright pages that, if taken literally, would exclude the
> applicability of fair use. That is definitely overreach.
>
> Sandy Thatcher