From: Ann Shumelda Okerson <[log in to unmask]> Date: Sun, 23 Apr 2017 15:55:46 -0400 Hello, Mark, I've had a related type of request only a couple of times, and it was relatively long ago. In this case, I too proposed as you have done, i.e., "nothing in this agreement should be interpreted to diminish the licensee's or authorized user's rights under the provisions of the Copyright Act of the United States, in particular ยง107, Limitations on Exclusive rights: Fair Use." In fact, for each of the publishers at different times, this language seemed quite sufficient and they agreeed to it. Hard to think how to be "clear and short" about Fair use, as even Section 107's language takes a few very short paragraphs. I suppose you could reproduce those? (https://www.law.cornell.edu/uscode/text/17/107) Perhaps the reason we don't much encounter this matter could be that so many licenses already take care of potentially arising issues by itemizing the things that a user can do with the resource, and often these take us to (or even beyond) fair use; we may assume that if the license is silent on some activity, that activity is okay. To be fair to a non-US vendor, fair use is essentially a US concept and perhaps not encountered in this vendor's country or laws. Best regards, Ann Okerson On Thu, Apr 20, 2017 at 4:12 PM, LIBLICENSE <[log in to unmask]> wrote: > From: Mark Winek <[log in to unmask]> > Date: Thu, 20 Apr 2017 15:57:13 -0400 > > All, > > In the course of acquiring an e-book package from a non-U.S. vendor, I > negotiated in a number of changes (I would say "improvements") to the > license agreement. This includes a clause indicating that nothing in > the agreement should be interpreted to diminish the licensee's or > authorized user's rights under the Fair Use provisions of U.S. > copyright law. > > Rather than simply striking this proposal, the vendor has simply > requested a "clear and short definition" of Fair Use. Obviously, I > want to provide a truthful answer, but also one that won't get so > convoluted as to scare them away from including it in the executed > license. > > Has anyone encountered this before? How did you respond? > > Thanks in advance for any guidance. > > Best, > Mark Winek > Georgetown University Library