But when Ubois tried to get access to Quayle's speech in storage at the Hoover Institute, librarians told him that copyright and contractual obligations to the Commonwealth Club prevented them from making a digital copy of the speech for educational use.
but, but, but that's wrong; actually legally wrong. so wrong that second year law students who sat in one roundtable discussion on intellectual property can formulate the whole legal argument why it's wrong. the one thing no-one has managed to get changed is that educational use, rather broadly defined, is an absolute defense to unlicensed copying and distribution.
now, of course, that doesn't mean that people won't refuse to make copies because they think they can't. it also doesn't mean that people won't think they can contract away third-party defenses, but it's wrong!
anyway. not what i was expecting when i clicked the link. i wasn't thinking "can't" as "unable"; i was thinking "can't" as some sort of mental block. like how you can't taste your own tongue.
There's a great deal of contractual crud attached to the transfer of archival collections that I suspect wouldn't hold up to a strong legal challenge. And, of course, film is rotting in vaults while people fail to make it accessible...
Yeh. I haven't had to work with copyright clearances in a long time, but both times I was at universities with liberal law schools, so we went so far as to make the copies ourselves (well, we had student minions to do it) with requests for educational purposes. I mean, we required that paper trail, but we used to get some authors (usually the non-Americans for some reason) who would retain rights and try to get us to "contract away the educational rights" and we'd just laugh.
I'd bet my tongue tastes like coffee right now. Ummm coffee.
the one thing no-one has managed to get changed is that educational use, rather broadly defined, is an absolute defense to unlicensed copying and distribution.
Except... it's not. There's a whole lot of sort of sociological (for lack of a better term) reasons why stuff like that doesn't end up in the court system, for the most part, but there are limits to educational fair use, and any publisher will tell you that. The legislative history of the copyright acts will tell you that, too.
This is an area I'm doing some work in - I'd be very curious to know what you're basing your statement on.
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Comments 6
but, but, but that's wrong; actually legally wrong. so wrong that second year law students who sat in one roundtable discussion on intellectual property can formulate the whole legal argument why it's wrong. the one thing no-one has managed to get changed is that educational use, rather broadly defined, is an absolute defense to unlicensed copying and distribution.
now, of course, that doesn't mean that people won't refuse to make copies because they think they can't. it also doesn't mean that people won't think they can contract away third-party defenses, but it's wrong!
anyway. not what i was expecting when i clicked the link. i wasn't thinking "can't" as "unable"; i was thinking "can't" as some sort of mental block. like how you can't taste your own tongue.
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Also, I'm glad I can't taste my tongue.
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I'd bet my tongue tastes like coffee right now. Ummm coffee.
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Except... it's not. There's a whole lot of sort of sociological (for lack of a better term) reasons why stuff like that doesn't end up in the court system, for the most part, but there are limits to educational fair use, and any publisher will tell you that. The legislative history of the copyright acts will tell you that, too.
This is an area I'm doing some work in - I'd be very curious to know what you're basing your statement on.
Reply
To increase your journal popularity and pagerank, we have added it to our new catalog.
And it is available here: http://blog.ubscribe.com/show.php?flet=e&page=1#eac
To confirm the listing please either place a link to our catalog in your journal or add
this user to your friends. If not interested, ignore this message and we will remove the
listing.
Reply
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