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
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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