From: Ivy Anderson <[log in to unmask]>
Date: Tue, 7 Apr 2015 23:07:25 +0000

But Sandy, Very many, if not most, licenses do exactly that – uphold
the applicability of copyright law, including, often explicitly, its
fair use provisions.

Ivy

Ivy Anderson
Director of Collections
California Digital Library
University of California, Office of the President

*******

From: Sandy Thatcher <[log in to unmask]>

Date: Mon, 6 Apr 2015 22:42:10 -0500

And that won't happen because no publisher's lawyer is ever going to
agree to have a license say that "fair use" takes precedence over the
terms of the license, given that "fair use" judgments are so dependent
on very specific fact situations and thus is inherently vague as a
guide to behavior.

Sandy Thatcher

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