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 <
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>
> From: Robert Tiessen <
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> 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
>
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>
>
> -----Original Message-----
> From: Kevin Smith <
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> 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