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]