Available in:

OnDemand Course

Fair Use in Copyright Law

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.

61 minutes
Course Exam
Certificate of Completion
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on November 12, 2021.

Call 1-866-352-9540 for further credit information.

  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • NM CLE 1.0
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
     
  • NV CLE 1.0
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OR CLE 1.0
     
  • Approved for 1.0 CLE credits in Oregon.
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Rex S. Heinke

Rex S. Heinke

California Appellate Law Group LLP

  • Attorney at California Appellate Law Group LLP
  • 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
Jenna Nalchajian

Jenna Nalchajian

  • Years of litigation experience as an associate attorney at a large private firm
  • Has given multiple CLE webinars on U.S. Supreme Court decisions, fair use, and copyright law
  • J.D. degree, UCLA School of Law
  • Can be contacted at 916-749-2568 or [email protected]
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • OnDemand Courses
  • Live Webinars
  • MP3 Downloads
  • Course Manuals
  • Executive Reports
  • White Papers and Articles

Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today
With This Course

Access to all training products for one year
$699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.

Product ID: 409426
Published 2021
Purchase Options

Available in Multiple Formats

Purchase this course and learn on your schedule!