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Re: copyright and the list



Peter Hirtle commented:
>If you make fair use of the material (and quoting >without permission is often fair use), you are not in
>violation of anything.

  Ah, but defining Fair Use is like counting angels on sewing utensils.  In the Salinger case (Salinger v. Random  House, 811 F.2d 90, 97 (2nd Cir. 1987). ), even paraphrasing content was in violation.  Other cases are much more lenient. (I've dreamt of a definitive ruling: "Thou shalt use no more than 10% of text, nor more of any song, nor any graphic unit".) So you can always claim Fair Use as a defense, but the point was that it's not SAAs job to define it nor enforce it.
  As Peter K points out, it's SAA's CYA, and it leaves us free to do the same.  Better a conservative published guide than to lose the list altogether.  
  I too would like to see the process of removal defined.  The one copyright issue I've been aware of was settled with grace and without disrupting the listserve, but if terms are set, they should be defined. 



Susan Knoer
Reference Assistant
Special Collections
University of Louisville
Louisville, KY 40292
502/852-6752  
502/852-8734 FAX
susan.marie@louisville.edu

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