Re: Fair-Use/Schmair-Use...

From: Stevan Harnad <harnad_at_ecs.soton.ac.uk>
Date: Mon, 6 Aug 2007 15:37:26 +0100

---------- Forwarded message ----------
Date: Mon, 6 Aug 2007 14:40:59 +0100
From: Charles Oppenheim <C.Oppenheim -- LBORO.AC.UK>
Subject: Re: Fair-Use/Schmair-Use...

"Fair dealing" in the UK ("Fair Use" in the USA) is one of a number of
exceptions to copyright that provides a defence against an infringement
action. In particular, in this context, it is the defence that you were
entitled to make and/or receive a copy of a work for the purposes of
non-commercial research or private study without having to ask
permission from the copyright owner or pay the owner any fees. So if I
were to e mail Stevan to ask him to send me a copy of an article he had
written because I wanted it for my own non-commercial research or
private study, then if the copyright owner were to sue me for
infringement, I would say I was fair dealing, and if the owner were to
sue Stevan, he would say he supplied me a copy because I needed it for
fair dealing purposes.

With respect, both Stevan and Peter are in part incorrect; Peter,
Stevan's use of the term "fair use" is perfectly legitimate as what he
is proposing is indeed an example of fair use and there IS a legal
basis for what Stevan would be doing; and Stevan, you are wrong to say
that fair use is an out of date concept only applicable to print because
in fact it applies equally well to electronic copies.

   [SH: Agreed. To the extent it is applicable, and needs no adapatation
   or update, Fair Use it is, and not "Schmair Use"...]

I agree with Peter that the term "archive" had a quite different meaning
well before OA came on the scene, and its use by the OA community does
therefore cause confusion.

   [SH: I think "archive" too could have been adapted and updated,
   rather than requiring "repository" (which also had a quite different
   meaning before either the online medium or OA came on the scene). But
   "repository" is now widely used, and you can't fight with usage...]

Charles

Professor Charles Oppenheim
Head
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU

Tel 01509-223065
Fax 01509 223053
Received on Mon Aug 06 2007 - 16:43:32 BST