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