From: "Seeley, Mark (ELS-WAL)" <[log in to unmask]> Date: Mon, 13 Apr 2015 18:57:51 +0000 The UK provisions that Kevin Smith mentions are about text and data mining-- snip below is from a ppt presentation I gave week before last on copyright and TDM: * 2014 amendment: “a person who has lawful access to [a] work may carry out a computational analysis… for the sole purpose of research for a non-commercial purpose” * Providers may apply “reasonable measures” to maintain network security or stability but should not unreasonably restrict researcher’s ability to TDM and contrary contract terms are unenforceable you can find useful link at https://www.gov.uk/exceptions-to-copyright Presumably this applies to contracts where English law governs. I don't think there is a more general provision about other exceptions and contracts. On “fair use rights” my view is still that it is better to be precise and clear. Ultimately fair use involves testing issues in the courts, and an element of the GSU debacle was the failure to negotiate. Best, Mark Mark Seeley, Senior Vice President & General Counsel Elsevier 225 Wyman Street, Waltham, MA 02451, USA 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: Robert Tiessen <[log in to unmask]> 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 [log in to unmask] -----Original Message----- 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