[Web4lib] Fair use (was Nature copyright clause) (was Wikipedia vs. Britannica)

[Walt.Crawford at rlg.org]

Tom Tinney wrote:

> for any agency to suggest that
> appropriate fair use copyright law does not exist,
> (by stating that the uploaded, publicly posted material
> on sites cannot be transmitted or distributed without
> prior permission), is an impermissible restriction
> on personal free speech and written communication,
> in my opinion.

I would refine that slightly, or, rather, reverse it:

Free speech guarantees the right of any agency to say any damfool thing
they want to about what can or can't be done with their material.

It does not, to be sure, give them the right to make such statements
legally binding (short of a signed contract). Those statements are not
binding.

The damfool statement would only be an "impermissible restriction on
personal free speech and written communication" if it was legally binding
and enforceable.

Of course, someone really litigious and with extremely deep pockets could
sue a publisher for making illegitimate or misleading restrictive claims on
its title page, since the First Amendment doesn't guarantee that you can't
be punished for false speech, but I'm guessing that people attempting to
find a middle way on copyright have better things to do with their time and
money.

The content-laden portion of this discussion (of which Tom's note has been
part) is one of the ways you deal with nonsense declarations on title
pages: By seeing to it that more and more people are aware that fair use
*does* exist and that ultra-restrictive declarations aren't legally binding
(outside of contract law, which doesn't apply here).

Walt Crawford
wcc at rlg.org, 650-691-2227
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web4lib-bounces at webjunction.org wrote on 12/18/2005 06:56:21 AM:

> Jeremy Dunck wrote:
>
> >Many web sites have licenses which try to imply consent, including
Nature:
> >"In accessing this Web Site, you agree that the Web Site is made
> >available for your personal, non-commercial use only."
> >
> What is "personal, noncommercial use"?
> Each individual has their own point of observation,
> judgment and reasoning.  Personal interest includes
> communication, and for any agency to suggest that
> appropriate fair use copyright law does not exist,
> (by stating that the uploaded, publicly posted material
> on sites cannot be transmitted or distributed without
> prior permission), is an impermissible restriction
> on personal free speech and written communication,
> in my opinion.  Thanks to all for the comments.
>
> Respectfully yours,
>
> Tom Tinney, Sr.
> Who's Who in America, Millennium Edition [54th] - 2004
> Who's Who In Genealogy and Heraldry, {both editions]
> Genealogy and Family History Internet Web Directory
> http://www.academic-genealogy.com/
>
>
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