[WEB4LIB] Re: Debating fair use principles via the Web.

[Dan Lester]

At 05:44 PM 3/21/99 -0800, Don Saklad wrote:
>1. Beside the term  fair use  would there be any other terminology
>   that refers the principles about what participants may forward to a
>   public university based small list server forum while acknowledging
>   the other URLs ?

Fair use relates to copyright, and nothing else that I know of.  Fair use 
has been resolved in the courts in several cases, and specifically in the 
Texaco case and the Kinkos case.  In both cases the named companies were 
violators and paid big bucks.

Whether anyone would ever complain or sue about something that was 
forwarded to a list would probably depend on WHOSE stuff it was.  If it was 
from a major publisher, they'd undoubtedly start out with warnings or 
threats of action, and certainly sue for damages if one were a 
blatant  and/or repeated violator.  Whether JoeBob Jones of West Nowhere 
would sue over copying stuff off of his personal webpage is another 
issue.  Of course just because you might get away with something doesn't 
make it right.  And, finally, in these days of corporate takeovers and 
interlocking businesses, it probably isn't even safe to assume that a 
"personal website" isn't owned ultimately by someone with deep pockets.  In 
fact, such a site might be a perfect setup for a sting action.

>2. What other terminology or key word descriptors could be tried that
>   locate the widest variety of examples, opinions and dissent about
>   libraries or individual library personnel whose zeal warning or
>   sanctioning might take too much upon themselves without regard for
>   principles of library users' rights?

Huh?  If you mean that the library shouldn't post CYA warnings, I doubt 
you'll ever have that happen.  The standard notice that most libraries put 
on copy machines is exactly to cover the library, and to remind the user of 
the law and that if the law is violated it is the USER who is responsible, 
not the library.

As far as "library users rights" go, one of the first things I've taught my 
children and grandchildren is "differential behavior".  You may behave in 
different ways in different environments.  The things you may do in the 
library aren't necessarily the same as you may do at home, at church, in 
the classroom, in your motel room with another consenting adult, and so forth.

I think that library users (and many other people) forget the basics of 
good manners and decency that would eliminate conflict and reduce confusion.

cheers

dan


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Dan Lester, 3577 East Pecan, Boise, ID 83716 USA 208-383-0165
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