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.
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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
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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
This course was last revised on September 17, 2024.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- FL CLE 1.5
- This course has been approved by The Florida Bar for 1.5 hours of CLE credit.
This course has been approved by The Florida Bar Certification Plan in the area of Intellectual Property for 0.00 hours. Course classification: Intermediate level.
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- IA CLE 1.0
- Fair Use in Copyright Law is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.0 hour(s) of unmoderated credit towards the mandatory continuing legal education requirements under the Iowa rule.
- IL CLE 1.0
- This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
- IN CLE 1.1
- This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.1 hours of Distance Education credit.
- MN CLE 1.0
- This program has been approved by the Minnesota Board of Continuing Legal Education for 1.0 hours of credit.
- MO CLE 1.4
- This course qualifies for self-study CLE credit in Missouri.
- NC CLE 1.0
- This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.0 CLE hours.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 66 Minutes.
- NJ CLE 1.3
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
- NM CLE 1.1
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.1 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 Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OH CLE 1.0
- This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.0 CLE credit hours. Please note: No more than twelve (12) hours of self-study CLE credit for any biennial reporting period may be earned by an Attorney or Judge under Regulation 409.2. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
- OK CLE 1.0 including Ethics 0
- This course has been approved by the Mandatory Continuing Legal Education Commission of Oklahoma for a maximum of 1.0 hours credit, of which 0.00 hours are credits covering legal ethics.
- OR CLE 1.0
- Approved for 1.0 CLE credits in Oregon.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- TN CLE 1.1
- This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.1 hours of credit.
- TX MCLE 1.0
- This program has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours. Lorman Education Services is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE.
This program has been approved by the Texas State Bar College for 1.0 hours of CLE credit.
- UT CLE 1.0
- This program has been approved by the Utah State Board of Continuing Legal Education for 1.0 CLE hours.
- 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.
- WI CLE 1.0
- This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.4
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.4 MCLE hours.
- NALA 1.1
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.1 hour(s).
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.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
MP3 Download
- AK CLE 1.0
- Arizona CLE 1.0
- CA MCLE 1.0
- CT CLE 1.0
- HI CLE 1.0
- MO CLE 1.3
- NJ CLE 1.3
- NM CLE 1.0
- NY CLE 1.0 including Areas of Professional Practice 1
- OR CLE 1.0
- VT CLE 1.0
- WA CLE 1.0
- WV MCLE 1.3
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Credit
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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
Complex Appellate Litigation Group LLP
- Partner at Complex Appellate Litigation Group LLP
- Has extensive experience in copyright, trademark, right of publicity, cyberspace/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
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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.
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