RE: fees for fair use in books

They seem to have a different opinion as to whether this is a fair use. Unfortunately, fair use is vague and there are few cases showing examples of what is or is a fair use. Because of this, most people either pay, forgoe the use, or failing that, settle out of court. Which of course sets no precedent, and perpetuates the lack of caselaw to help one make a fair use determination. Think of their offer to license as a threat to sue if you commit acts that THEY think are infringing. At the end of the day, if you don't license the work from them, you'll see them in court. N.B. IANAL, this is not legal advice, but I suspect that your "fair use" analysis is not nearly as certain of prevailing in court as you seem to think. In the U.S., everyone has an opinion, but only seven people write opinions that matter.

From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Robert Labossiere Sent: Wednesday, July 27, 2005 5:55 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] fees for fair use in books

I am working for a small art book publisher. Our books are quite specialized; often they are anthologies of critical/theoretical essays. My understanding is that reproduction of art works within such essays is a "fair use" in the US and "fair dealing" in Canada, i.e. exempted from the need to secure permissions and/or pay fees. Yet, if we ask an institution for an image for reproduction, what we get back is an offer to license, for a fee. What is going on here?  

Robert Labossiere, MFA, Ll.B.
Toronto Received on Fri Jul 29 2005 - 23:55:03 GMT