Fair Use in Entertainment Law

At its core, the entertainment industry is based upon the development and exploitation of intellectual property – screenplays, music, dance, and video images, to name a few. Individuals and companies involved in entertainment should therefore have a basic familiarity with the laws protecting intellectual property, not just because they give guidance about protecting their rights in their own work, but because they also affect their ability to use the work of others. Creative artists are constantly riffing and expanding upon the images and ideas that they see and hear around them. But as a general matter of copyright law, only the person who creates the original work has the right to copy and/or use it. Is copyright infringed when one work contains quotes or “homages” to another? Does the copyright law mean that no one can ever use an artist’s work without that artist’s express permission? This presentation explores the concept of “fair use” and how it affects the rights of the originating artist and those of the artist who wants to use the work of another.

Menaker & Herrmann partner Cheryl L. Davis covers the essentials of understanding basic IP principles and how “fair use” is being interpreted and applied in the entertainment industry. Davis addresses recent developments and issues in “fair use” analysis and discuss best practices to monitor both how your own IP is exploited as well as how you use the IP of others.

Learning Objectives:

1. Understand intellectual property rights, including copyright, trademark and patents

2. Comprehend “fair use” principles and how they apply in both copyright and trademark law

3. Become familiar with recent court decisions addressing various fair use issues in the entertainment industry

4. Develop “best practices” for assessing when your IP can be used by others and when you can use the IP of others