From: Sandy Thatcher <[log in to unmask]>
Date: Thu, 9 Apr 2015 00:07:47 -0500

How, exactly, does fair use come into play if there are specific terms
in a license that you are violating because you think fair use gives
you the right to do so?  Is there any case where a judge has decided
that fair use trumps contract law?

Sandy Thatcher


> From: "Anne E. McKee" <[log in to unmask]>
> Date: Wed, 8 Apr 2015 09:59:42 -0700
>
> Do what we (GWLA) do:  when the licensor refuses to put any language
> in the license that refers to Fair Use, we just request to hold
> silent.  That means the prevailing law (fair use) comes into play if
> there is a problem down the line.  Learned this little trick from Dan
> Iddings at PALCI several years ago.
>
> And if it helps any; GWLA has begun deleting any references to CONTU
> from licenses in the past year.  Once again-fair use comes into play.
>
> Anne E. McKee, M.L.S.
> Program Officer for Resource Sharing
> GWLA