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 >