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
>