RE: Haworth Press Journals

On Tue, 5 Apr 1994, Trotter Hardy wrote:
>
> Glenn Tenney <tenney[_at_]netcom.com> writes:
> >
> > >A publisher cannot limit your fair use rights by a notice in the
> > >publication.
>
> Fair use in this sense is a
> kind of "right" in the user or buyer of copyrighted materials; why
> should the owner of such a right not have the option to waive or sell it?
>
> --Trotter Hardy

The problem with this construct is that the "option" may not be susceptible to the kind of reasonable bargaining your argument presumes.

Apply this "option" to the NII. "Digital public libraries" are no longer subject to fair use under this concept. The user pays one fee for access. The user pays another fee for copying, depending upon the amount used. This replaces fair use with unit pricing. It gives the copyright holder the right to decide whether true, "free" fair use can occur at all. Under these circumstances, technology not only outpaces copyright law, it negates it.

Seth Greenstein
<sethg[_at_]access.digex.net> Received on Wed Apr 06 1994 - 12:25:03 GMT