From: Kevin Smith <[log in to unmask]> Date: Sun, 12 Apr 2015 17:55:34 +0000 According to the amendments that came into force in June 2014, the provision is added as section 29 (4B) to the Copyright, Designs and Patent Act of 1988: http://www.legislation.gov.uk/uksi/2014/1372/regulation/3/made Kevin L. Smith, M.L.S., J.D. Director, Copyright and Scholarly Communications Duke University Libraries > On Apr 12, 2015, at 1:25 PM, LIBLICENSE <[log in to unmask]> wrote: > > From: Robert Tiessen <[log in to unmask]> > Date: Fri, 10 Apr 2015 15:17:59 +0000 > > What section of the UK Copyright Act is the new legal provision in ? > > Robert Tiessen > Books and Media Collection Development Librarian > University of Calgary Library > [log in to unmask] > > > -----Original Message----- > From: Kevin Smith <[log in to unmask]> > Date: Wed, 8 Apr 2015 12:09:34 +0000 > > I think Winston's comment was not fully understood. He is talking > about a legal provision, such as recently adopted in the U.K., that > says that contract terms that attempt to override user rights granted > in the copyright statute would be considered invalid. In other words, > it would be legally impossible (or at least difficult) for libraries > to sign away fair use rights, as well as other limitations and > exceptions. So it would not be a matter for a publisher or their > lawyers to decide about; it would be a provision of the statutory law. > > As Ivy says, many publishers already include an acknowledgement of > fair use in their database contracts, although I think we are seeing > the beginnings of a retreat from that position in the wake of the GSU > debacle. > > As Winston said, a call for this kind of provision is included in the > treaty on limitations and exceptions for libraries that is before the > WIPO for consideration. And it has been implemented in Britain. The > goal, arguably, is to preserve the balance in copyright that is > enacted as a matter of public policy in the law. > > Kevin > > Kevin L. Smith > Director, Copyright & Scholarly Communication Duke University Libraries