RE: Haworth Press Journals

In Message Wed, 30 Mar 1994 23:50:50 -0500,   ELEANOR COOK <COOKEI[_at_]conrad.appstate.edu> writes:

>Can the publisher preempt the fair
>use in the copyright law? This has huge implications. Thought?
>Comments? Suggestions? Has this come up before and I just missed it?

The assumption that making a copy of an entire article for "personal" or "educational" use would be a fair use is not necessarily sound. In most cases, such copying of the entire piece would not be fair use. Of course, policing the use is another matter, but the publisher here is not "prempting fair use." If, on the other hand, the copying would be a fair use then the publisher's prohibition would be meaningless.

Sheldon W. Halpern
Professor of Law
The Ohio State University College of Law <shalpern[_at_]magnus.acs.ohio-state.edu> Received on Thu Mar 31 1994 - 22:05:57 GMT