From: Todd Puccio <[log in to unmask]>
Date: Thu, 20 Feb 2014 17:05:43 +0000

Some folks believe that the ruling in the AIME v. UCLA videostreaming
case sets a precedent that Fair Use will be upheld even if license
terms are in place.

Thus saying that a license can't trump Fair Use.

https://www.google.com/search?q=video+streaming+case+against+UCLA+&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a

Todd Puccio
Director of Technical Services / Librarian
Nova Southeastern University
Health Professions Division Library
Ft. Lauderdale, FL 33328
[log in to unmask]


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

From: Collette Mak <[log in to unmask]>
Date: Wed, 19 Feb 2014 08:08:37 -0500

Contract law trumps the doctrine of first sale.  If anyone signs a
contract agreeing to the terms of the sale including giving up some of
what would be the normal rights that transfer through a sale then
those rights are gone. This is particularly concerning to me because
we've seen a recent instance where a well-known business publisher
suggested that the terms of their licensed electronic content also
applied to the print copy on our shelves.   Full disclosure, I did not
see the document myself, I learned of it through a call from a branch
library asking if it were possible for an electronic license to also
restrict use of print copy that had been in the collection for
decades.  With the usual "I am not a lawyer" caveats I said no, unless
we had signed new terms wherein we had agreed to restrictions on use
of the print then it was bluster.

Collette Mak
[log in to unmask]