RE: Haworth Press Journals

<<Haworth has no way to enforce these statements but may intend to make
<<an example of someone/some library. Can the publisher preempt the fair
<<use in the copyright law?

The short answer is "no."

The longer answer would be that multiple copying for library or classroom use could exceed the bounds of fair use (e.g. Kinko's case) and the owner, instead of using a service like the Copyright Clearance Center, wants to obtain direct payment of fees for non-fair-use copying for non-commercial purposes.

The only way any publisher has of policing these things is to go after institutional abuse. This is much easier done by a collective organization like CCC than by individual publishers, but that's their problem.

Vance R. Koven
attorney at law
Boston, MA
<koven[_at_]umbsky.cc.umb.edu> Received on Thu Mar 31 1994 - 15:40:15 GMT