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LIBLICENSE <[log in to unmask]>
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LibLicense-L Discussion Forum <[log in to unmask]>
Date:
Thu, 20 Apr 2017 16:12:15 -0400
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From: Mark Winek <[log in to unmask]>
Date: Thu, 20 Apr 2017 15:57:13 -0400

All,

In the course of acquiring an e-book package from a non-U.S. vendor, I
negotiated in a number of changes (I would say "improvements") to the
license agreement. This includes a clause indicating that nothing in
the agreement should be interpreted to diminish the licensee's or
authorized user's rights under the Fair Use provisions of U.S.
copyright law.

Rather than simply striking this proposal, the vendor has simply
requested a "clear and short definition" of Fair Use. Obviously, I
want to provide a truthful answer, but also one that won't get so
convoluted as to scare them away from including it in the executed
license.

Has anyone encountered this before? How did you respond?

Thanks in advance for any guidance.

Best,
Mark Winek
Georgetown University Library

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