Learn about fair use in copyright law and how to best advise your clients in a changing internet and advertising atmosphere.
This course is designed to provide practical counseling about fair use in federal copyright law. It should be of particular interest to lawyers advising and representing clients in the media, entertainment, advertising, and internet industries. Especially now, fair use is a hotly litigated topic due to the expanse of the internet and the easy accessibility to and copying of copyrighted materials. The courts have not resolved many issues in fair use law, as the Supreme Court rarely takes such cases, and the circuits are split on many issues.
Agenda
Copyright Law
- Constitutional Purpose and Definition by Courts
- Statutory Basis (17 U.S.C. § 107)
- First Amendment Impact on Copyright
Judicial Weighing of Fair Use Factors
- Multiple Factors-Based Analysis
- Unclear Rules on Weight Given to Each Factor
- Complications Caused by Case-By-Case Analysis
Factors
- Purpose and Character of Use
- Nature of Copyrighted Work
- Amount and Substantiality of the Portion Used
- Effect on the Market for the Copyrighted Work
- Additional Facts or Circumstances Considered
Practical Considerations in Counseling on Fair Use
- Counseling Clients
- Common Scenarios
Speakers
Rex S. Heinke,
Akin Gump Strauss Hauer & Feld LLP- Partner in Akin Gump Strauss Hauer & Feld LLP
- Co-head of its Supreme Court and Appellate practice
- Has extensive experience in copyright, trademark, right of publicity, cyber-space/Internet, defamation, invasion of privacy, advertising, high technology, media, and entertainment law matters
- Has been listed in Best Lawyers in America, Euromoney Publication’s Guide To The World’s Leading Experts In Trademark Law, the Los Angeles Business Journal’s Who’s Who In Law, and Chambers USA: America’s Leading Business Lawyers
- Has litigated cases including Greenwich Workshop v. Timber Creations (copyright infringement by derivative works); New Kids On The Block v. News America Publishing (trademark/right of publicity); Carver v. Paramount Pictures (implied contract and copyright claims); Sega v. Accolade (reverse engineering of computer software); Los Angeles Times & Washington Post v. Free Republic (copyright infringement on the Internet); CurtCo Freedom Group v. Stereophile (trade dress in a magazine cover); and Newcombe v. Infogrames (right of publicity)
- Has lectured and written on these issues for a variety of groups, including the American Bar Association’s Intellectual Property Committee, the U.S.C. Entertainment Law Institute, the Los Angeles County Bar Association’s Intellectual Property and Entertainment Law Symposium, the Practising Law Institute, and the Duke and University of Oregon Law schools
- Author of Media Law published by BNA (a leading treatise on the legal problems of the media)
- Served as president of the Los Angeles Bar Association and the Los Angeles Copyright Society, and he has served as a member of the California Judicial Council and the Board of Governors of the California State Bar
Who Should Attend
This live webinar is primarily designed for attorneys. Other legal professionals may also benefit from attending.
