From: "Seeley, Mark (ELS-WAL)" <[log in to unmask]> Date: Wed, 8 Apr 2015 00:37:47 +0000 Though it is often the case that exceptions, and fair use, are often drafted in ways that are unclear and a matter for further debate if not actual litigation. In my view clarity in license language is a better alternative, although I think that position won't surprise anyone, as it is a position that I have in common with my colleagues in various publishing trade associations, and of course I steer some of that debate among the publishing community in my role as chair of the STM association's Copyright Committee. As I noted in my earlier post, Elsevier is sometimes asked to put in references in US negotiations to "fair use" but we generally do not receive a clear response as to what precisely is meant. Most publisher licenses that I have seen for online content, notwithstanding what I have sometimes heard from my friends at the British Library, provide for quite extensive internal academic and research use, enable coursepack use of digital content, have some kind of provisions for interlibrary loan, and address questions about archiving and long-term preservation concerns, and now deal with TDM concerns. That list could always be expanded or added to, I'm sure, but clarity about what additional rights would be useful/helpful is, in my view, better than references to possible exceptions and interpretations. As far as lawyer jokes, usually lawyers themselves tell the worst of these, but of course real discourse is always preferable! Mark Mark Seeley, Senior Vice President & General Counsel Elsevier M: [log in to unmask] Internal Elsevier Legal department intranet site: http://nonsolus/legaldepartment/ External information at http://www.elsevier.com/wps/find/homepage.cws_home -----Original Message----- From: Winston Tabb <[log in to unmask]> Date: Tue, 7 Apr 2015 23:24:35 +0000 The language would apply to any exception, such as ILL, not just to fair use. It is one of the key elements of our "ask" at WIPO Winston ************* From: Ann Okerson <[log in to unmask]> Date: Tue, Apr 7, 2015 at 6:51 PM Winston, I could see this being worth a try for licenses originating in the US, but could it work for resources coming from other countries, where fair use isn't part of the copyright system, and so fair use would not be well understood by either the originating publisher or the licensing library? Thanks much for thinking out of the box here, Ann *********** From: Winston Tabb <[log in to unmask]> Date: Mon, 6 Apr 2015 14:00:40 +0000 The single most useful thing we could do is insist that license language include a provision that the license terms do not supersede provisions of the US copyright act. Winston Tabb/Johns Hopkins