From: "Mackinder, Lisa" <[log in to unmask]> Date: Mon, 13 Apr 2015 12:21:24 +0000 Another good example is in the Liblicense Model License: 3.3 No Diminution of Rights. Nothing in this Agreement, including but not limited to Section 3.2, shall be interpreted to diminish the rights and privileges of the Licensee or Authorized Users with respect to any of the Licensed Materials, including exceptions or limitations to the exclusive rights of copyright owners, such as fair use, under Section 107 of the U.S. Copyright Act. In the event that any content included in the Licensed Materials is in the public domain or has been issued under a Creative Commons or other open license, Licensor shall not place access, use or other restrictions on that content beyond those found in the open license, where applicable. This, taken together with a clause stating that any terms posted on their platform or in the form of a "click-through" license shall not differ from the terms of the agreement, and if they do, the signed license agreement prevails, have the effect of nullifying any attempt at circumventing Fair Use rights: d. Online Terms and Conditions. In the event that Licensor requires Authorized Users to agree to additional terms relating to the use of the Licensed Materials (commonly referred to as "click-through" or "clickwrap" licenses), or otherwise attempts to impose terms on Authorized Users through online terms and conditions invoked by the mere use or viewing of the Licensed Materials, such terms shall not materially differ from the provisions of this Agreement. In the event of any conflict between the click-through terms or online terms and conditions and this Agreement, the terms of this Agreement shall prevail. For the avoidance of doubt, Authorized Users are not a party to this Agreement. Hope that helps, Sandy! Lisa Lisa Mackinder | Head of Acquisitions and Collections Services Alden Library | Ohio University 740-593-2707 | [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 From: Ivy Anderson <[log in to unmask]> Date: Tue, 7 Apr 2015 23:07:25 +0000 But Sandy, Very many, if not most, licenses do exactly that - uphold the applicability of copyright law, including, often explicitly, its fair use provisions. Ivy Ivy Anderson Director of Collections California Digital Library University of California, Office of the President