Fandom and the Intersection With IP: Copyright and Trademark Infringement, Fair Use, Protecting IP Rights

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Trademark and Copyright
- event Date
Tuesday, January 17, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide counsel on the intersection between fan-created content and IP. The panel will discuss potential copyright and trademark infringement issues, fair use, and right-of-publicity issues. The panel will offer best practices for protecting IP rights and utilizing fan-generated content.
Faculty

Ms. Sarnow has over 25 years of experience in a broad-based transactional practice with a specific focus on IP and technology, providing IP protection and general corporate strategies to artists, inventers and innovative entrepreneurial ventures. She has developed a distinctly creative and problem-solving approach to address client plans and issues. As a young attorney, Ms. Sarnow learned that focusing on what a client can’t do and shouldn’t do is unnecessarily limiting and seldom helps the client maximize corporate opportunities. Her approach of looking for ways to accomplish corporate goals within an informed legal framework is more valuable for growth focused, technology forward companies than a stereotypical corporate counsel who instinctively thwarts innovation. Early in her career she worked in the Mergers & Acquisitions Group and in IP Licensing with traditional clients, as well as some unusual NASCAR and Professional Bull Rider representation thrown in from time to time. This gave her an appreciation for creative clients. Ms. Sarnow is an Adjunct Professor at Emory University School of Law.

Ms. Tandy has handled matters involving the internet, social media, privacy, intellectual property and tech law issues, for large and small corporate clients and individuals, from retail stores to groundbreaking online content creators, as well as hotels, restaurants, jewelry designers, educators, podcasters, website and app developers, novelists, theatrical producers and an Emmy-award winning makeup artist. She’s worked with content creators, technology builders, individual business owners, and large corporations to successfully protect websites, apps, copyrights and trademarks. Since the 1990s, Ms. Tandy’s work has included the creation of terms of service and privacy policies and best practices, as well as creating website accessibility policies and general internet policies and procedures. She has filed hundreds of trademark applications, litigated before the Trademark Trial and Appeal Board and in federal and Florida courts, created and negotiated license agreements and assignments, and protected the rights of clients around the world.
Description
When fans love a book or film series, such as Harry Potter or Star Wars, or a television show, such as Stranger Things or Game of Thrones, they want to express their fannishness through a variety of creative products and other fan-created content. Online marketplaces are filled with unlicensed creative products inspired by these and other movies, tv shows, and the worlds created by them, and archives host millions of freely distributed fanworks.
The holders of the IP rights related to such movies or shows have often seen such products and content as a threat to the underlying brand and as an augmentation of their own promotional works. Companies use their exclusive rights based on copyright and trademark to limit distribution of fan-created goods, and under the Copyright Act of 1976, companies control substantially similar reproductions as well as derivative works.
Under certain conditions, rights holders can "recapture" fan-generated content. Shutting down fan activity or recapturing content comes with some risk. Sending a cease and desist notice to fans could backfire and turn their devotion to animosity.
Listen as our authoritative panel of IP attorneys examines the intersection of fan-created content and IP. The panel will discuss potential copyright and trademark infringement issues, fair use, and right-of-publicity issues. The panel will offer best practices for protecting IP rights and recapturing fan-generated content.
Outline
- Fan-created content and IP intersection
- Copyright
- Trademark
- Fair use
- Right of publicity
- Best practices
- Protecting IP rights
- Recapturing fan-generated content
Benefits
The panel will review these and other key issues:
- Where is the line between fan expression and an infringing product?
- What potential risks do IP owners face by stifling fan creativity?
- What steps should companies and counsel take to protect IP rights?
- Do fans have any rights to their creative works that need to be considered by the IP holder?
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