Peggy E. Hoon, J.D.
Director of Copyright Policy and Education
LSU Libraries
Louisiana State University
295 Middleton Library, Baton Rouge, LA 70803
office 225-578-2218 | fax 225-578-6825
lsu.edu
Emily :
I am not a lawyer, but, I have done many licenses.
I would recommend to include language that specifically allows for :
Sharing among Colleagues
And
ILL – by the CONTU Guidelines using secure transmission.
There are many folks that believe that there is no reason to include any mention of Fair Use in the document.
Licenses cannot trump law.
Fair Use is Legal, Fair Use is Fair Use.
Just think about it --- if you didn’t have the license at all, you could still use their resources in a way that can be Fair Use, by law. By entering into a license, you should only need to expand what you can do with the resources, the license should not constrict what you can already do.
The license expands on top of – over and above Fair Use. You should not even need to mention it.
If the license has terms that are more restrictive than Fair Use – You should reject that language and point out, verbally, that Fair Use already allows this activity and you might as well not license the products if the license doesn’t expand the scope of your rights to use the materials.
Good Luck
Sincerely,
Todd Puccio
=====================
Todd Puccio
Director ofTechnical
Services / Librarian
Nova Southeastern University
Martin and Gail Press
Health Professions Division Library
3200 S. University Drive
Ft. Lauderdale, FL 33328
(954)262-3114 or ext2-3114
From: Emily Ferrier <[log in to unmask]>
Date: Tue, 5 Jun 2018 19:23:33 +0000
I am very new to license negotiation, and recently asked to include a fair use clause in lieu of calling out specific uses like ILL or educational/teaching uses, which they didn’t want to include either. The response was that the license was for “for personal use and consumption only.”
If you are willing to talk about how you handled the situation when they rejected both the specific uses and a generic fair use clause, please contact me off-list.
Thank You!
Emily
Emily Ferrier
Library | Senior Librarian
She/her/hers
Olin College of Engineering
1000
Olin Way| Needham, MA 02492
Tel: 781-292-2386 |
http://library.olin.edu
Leading the Revolution in Engineering Education