Re: OA Mandates, Embargoes, and the "Fair Use" Button

From: Leslie Carr <>
Date: Fri, 25 May 2007 14:12:36 +0100

On 25 May 2007, at 12:39, Stevan Harnad wrote:

> On Thu, 24 May 2007, Bebbington Laurence wrote:
>> This would, I think, prevent an author
>> who has assigned copyright from making or authorising the copying
>> and sending of an item to someone IF the intended use is for
>> commercial purposes (e.g. an author, who is not the copyright
>> owner, could not send the published version to someone working in
>> a pharmaceutical company's research laboratory). However, arcane
>> this may seem, it is (in my view) the legal position.
> It is indeed arcane and seems to have nothing to do with the topic at
> hand (and the rationale for Open Access), which is individual research
> use for research purposes.

The article as an expression of a particular scholarly work, not the
scholarship itself.
The copyright is the right to use (copy) that expression. It is not a
right to use the scholarship.
So commercial exploitation of the scholarship is irrelevant to the
terms of the copyright and to "fair use".
Received on Fri May 25 2007 - 19:08:54 BST

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