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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Monday, October 21, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will provide guidance to IP counsel on the fair-use evaluation process, review recent court decisions, and offer best practices for the use of third-party copyrighted works.

Faculty

Nancy E. Wolff
Partner
Cowan DeBaets Abrahams & Sheppard, LLP

Ms. Wolff advises her clients on the registration and protection of intellectual property in the area of copyright and trademark, advises when releases are necessary under various publicity laws, and how to promote the client’s products and services without running afoul of the many advertising and privacy rules that are developing. She advises on creative ways to structure deals, make acquisitions or sell properties; as well as offering support to resolve any kind of legal dispute.

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Peter R. Rienecker
Senior Vice President, Legal
HBO, Max & Magnolia Productions

Mr. Rienecker is responsible for legal matters concerning the development, production, distribution and advertising of documentary programs and series, sports programming, comedy specials and talk/variety series for HBO and HBO Max. He counsels on First Amendment and information-gathering issues, intellectual property and related labor concerns and, in particular, is responsible for pre-telecast and content review of documentary, investigative, news and sensitive fact-based programming for the network.  Mr. Rienecker serves on the Board of Directors of Volunteer Lawyers for the Arts, is an adjunct professor at the Benjamin N. Cardozo School of Law and is a frequent lecturer and panelist on the subjects of media, communications and entertainment law.

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Description

Using a third-party's copyrighted work is a necessary step in many client projects and deals. Counsel must understand when unlicensed use of copyrighted material is protected by the fair-use doctrine, whether obtained from, or used in, published works, advertising, films, or social media. Fair-use evaluation is one of the toughest challenges IP counsel face in this arena.

Listen as our authoritative panel of IP counsel reviews recent court guidance on evaluating fair use and discusses the challenges in the copyright and fair-use clearance process. The panel will offer best practices for evaluating fair use of third-party copyrighted works, including determining when to exclude content, seek permission, or rely on fair use. The panel will also discuss appropriate media perils insurance coverage.

Outline

  1. Recent court guidance
  2. Copyright/fair use challenges
  3. Best practices
    1. Whether and when to exclude content
    2. Licensing options
    3. Relying on fair use
    4. Obtaining insurance

Benefits

The panel will review these and other key issues:

  • What factors should counsel consider when analyzing fair use?
  • What strategies can counsel use to overcome the challenges posed by the fair-use process?
  • What steps should counsel advise businesses to take when determining whether to use a third-party work?