textbook says nothing can be used wilthout permission

February 26, 2009 @ 11:48amAllie Moore says:
A student would like to use 2 figures out of a solid state physics textbook in his thesis. In the book, it says that nothing can be used from the text without obtaining permission from the copyright holder. Would fair use cover this particular use in a thesis?
February 27, 2009 @ 6:15amksmith says:
If the statement about not using anything is just that -- a mere statement in the front of the book -- it does not have any effect on the rights under copyright. So fair use would still be available. There was a Supreme Court decision back around 1908 involving Bobbs-Merrill Publishing that said you could not curtail rights under copyright merely by printing a statement in the front of a book. On the other hand, if the statement is in the form of a shrink-wrap license, where an affirmative act of agreement is necessary, and that act has been taken, you may be bound by the terms as a contract. And contractual agreement can divest parties to the contract of the rights they would otherwise have under copyright.

Posting to the forum is only available to users who are logged in.