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

From: Sally Morris (Morris Associates) <"Sally>
Date: Wed, 13 Jun 2007 12:51:32 +0100

I have no problem at all with what the button is for - just with the
inaccurate use of 'Fair Use' to describe it. As many postings to this list
have made clear, FU (and FD in the UK) is not a 'right', but a defence
against a claim of infringement (always subject to the Berne 3-step test, if
we're going to get technical). It is a defence for users, not authors.

I feel it's hard enough to grasp what FU/FD actually are without
misrepresenting it in this way - people are going to get even more confused!


Sally Morris
Consultant, Morris Associates (Publishing Consultancy)
South House, The Street
Clapham, Worthing, West Sussex BN13 3UU, UK
Tel: +44(0)1903 871286
Fax: +44(0)8701 202806

-----Original Message-----
From: American Scientist Open Access Forum
Behalf Of Steve Hitchcock
Sent: 13 June 2007 11:48
Subject: Re: OA Mandates, Embargoes, and the "Fair Use" Button

Sally, The button is equivalent to the author giving out his or her
journal-provided offprints. Do publishers still offer these? Probably
some do. So there is no problem. That's fair enough. (Note, though,
for the avoidance of doubt, that what is being offered via the button
is the author's final submitted version, not even the publisher
('offprint') pdf.)

Steve Hitchcock
IAM Group, School of Electronics and Computer Science
University of Southampton, SO17 1BJ, UK
Tel: +44 (0)23 8059 7698 Fax: +44 (0)23 8059 2865

At 10:46 13/06/2007, Sally Morris (Morris Associates) wrote:
>Apart from the fact that it has nothing whatever to do with Fair Use, of
>Sally Morris
>Consultant, Morris Associates (Publishing Consultancy)
>South House, The Street
>Clapham, Worthing, West Sussex BN13 3UU, UK
>Tel: +44(0)1903 871286
>Fax: +44(0)8701 202806
>-----Original Message-----
>From: American Scientist Open Access Forum
>Behalf Of Stevan Harnad
>Sent: 13 June 2007 04:09
>Subject: Re: OA Mandates, Embargoes, and the "Fair Use" Button
>On Tue, 12 Jun 2007, Sally Morris (Morris Associates) wrote:
> > ...'Fair Use' seems to me a very misleading name for the 'button'
>Actually, the official name of the button is "Request Eprint" in EPrints
>and "Request Copy" in DSpace, but it wasn't until we started calling it
>the "Fair Use Button" that people finally began to twig on what it was
>actually for, and what it means, and what it can and will do! So I'm
>quite happy with the nickname... It's also made the logic of the ID/OA
>mandate more transparent.
>Stevan Harnad
Received on Wed Jun 13 2007 - 13:23:13 BST

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