Fair Use in Copyright Law

• Overview
• Credits

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.

Authors

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