Open Access News

News from the open access movement


Friday, October 25, 2002

More on the Baystate case....A group of scholars and librarians has filed a brief in the Baystate appeal. The group argues that unless clarified, the Baystate ruling implies that clickwrap licensing terms preempt federal copyright guarantees including fair-use rights. "A scholar could lose his fair-use privilege to quote a novel ... A library could lose its ability under the first-sale doctrine to lend books." (Thanks to Andrea Foster in the Chronicle of Higher Education.)