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Fair Use in Copyright Law

Better understand the proper federal copyright law that takes place within different media platforms.

This topic is designed to provide practical counseling about fair use in federal copyright law. It should be particularly of 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. You will hear from leading intellectual property lawyer, Rex Heinke, and can ask him questions about this important topic in today's world.

Runtime: 89 minutes
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Why Lorman?

Over 33 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

Fair Use Introduction

  • Constitutional Purpose and Definition by Courts
  • Statutory Basis (17 U.S.C. § 107)

First Amendment

  • 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 About Asking for Permission to Use Copyrighted Works or Relying on Fair Use Defense
  • Common Fair Use Scenarios
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Why Lorman?

Over 33 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 June 25, 2018.

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

  • CA MCLE 1.25
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.25 CLE hours of participatory credit.
     
  • NM CLE 1.4
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.4 hours of credit.
     
  • OR CLE 1.25
     
  • Approved for 1.25 CLE credits in Oregon.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

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.

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Why Lorman?

Over 33 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

Akin Gump Strauss Hauer & Feld LLP

  • Partner in Akin Gump Strauss Hauer & Feld LLP and co-head of its Supreme Court and Appellate practice
  • Extensive experience in copyright, trademark, right of publicity, cyber-space/internet, defamation, invasion of privacy, advertising, high technology, media, and entertainment law matters
  • 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
  • Litigated cases include 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)
  • 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
  • J.D. degree, Columbia Law School; B.A. degree, University of Witwatersrand
  • Can be contacted at 310-229-1030 or [email protected]
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Why Lorman?

Over 33 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.

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Product ID: 403651
Published 2018
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