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Fair Use After Authors Guild v. Google

(414 reviews)

Produced on October 24, 2016

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$ 89 Intellectual Property and Copyright In Stock
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Course Information

Time 1h
Difficulty Intermediate
Topics covered in this course: Intellectual Property Copyright

Course Description

Fair use is a complicated and ever evolving area of copyright law. Recently, the United States Court of Appeals for the Second Circuit decided Authors Guild v. Google, a landmark fair use case ten years in the making that addressed the heart of the fair use analysis: is the junior use of the original copyright material transformative? This presentation provides context for the Authors Guild v. Google case, walking through the broad basics of copyright law and narrowing down through fair use, allowing for an informed and engaged discussion of the details and holding of the case.

Learning Objectives: 

  1. Understand the underlying Fair Use principles of the Google Books question
  2. Articulate the court’s reasoning as applied to the facts of the case
  3. Predict the ways this decision may play out in future Fair Use litigation

Credit Information

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Randy Friedberg

White and Williams, LLP

Randy Friedberg has 30 years of experience in counseling clients, with particular focus on the protection, licensing and enforcement of intellectual property rights. His practice encompasses trademark and copyright law, unfair competition, trade secrets, advertising law, internet law and entertainment law, as well as general corporate and litigation matters.

Randy represents clients in a variety of industries, including consumer goods and services, computer software and hardware, pharmaceutical and biomedical products, media and entertainment. He also represents the energy and financial services sectors for corporate work and litigation before an array of state and federal courts, in the United States Patent and Trademark Office and before the Trademark Trial and Appeal Board. 

Randy’s experience has led to him to become a source for the news media. He has been quoted in a variety of different publications in the area of IP law. He is also asked to speak and present at business-related events. Randy has also served as a Judge for the Cardozo Entertainment Moot Court Competition.

Randy is the author of “Navigating Intellectual Property Disputes,” an authoritative, insider's perspective on assisting clients with managing IP assets and litigating disputes. He was on the editorial subcommittee of The Trademark Reporter, a publication of the International Trademark Association.  


  • Represented a famous clothing designer in trademark work, a series of licenses and a “bet the company” arbitration
  • General counsel to one of the largest pet toy companies in the country; engaged in trademark, copyright, and patent registration, licensing and litigation, as well as Proposition 65 litigation and general corporate matters
  • Represented a large private label manufacturer and distributor of cosmetics for trademark, copyright, Internet and general commercial matters
  • Represented numerous licensors and licensees in negotiating and drafting significant license agreements in a wide range of industries, including clothing, music, software and cosmetics 


Randy has been selected for inclusion in ”Super Lawyers” in the New York Metro Region in a survey of his peers by Law & Politics magazine for the years 2007 through 2018.


Gary D.

A nice introduction of fair use and a good explanation of the google books exception.

Robert B.

Expert analysis of a difficult area!

Lucas A.

This was one of the best CLE's I have ever watched, listened to or attended live. Thank you.

Jim A.

I thought it was well presented and interesting. I have my own fair use matters, i have taught copyright at the law school level and write. About copyright issues. His approach was thoughtful and he had his own slant to the subject which i found provacative.

Susan M.

great presentation.

Matthew A.

Very excellent analysis of the Google case and excellent discussion on its application.

Gregory N.

clear and concise

Hwesu M.


Andrea R.

Look forward to hearing more from this presenter! Impressed!

Kirk L.

Interesting and informative lecture...recommend more like this that focus on a narrow issue of law

Paula G.

Presenter was excellent.

Karen L.

The instructor was very well-spoken and knowledgeable, and the subject matter was really interesting and well-presented.

Richard D.


Yira D.

Very good presenter. I found him personable and I like how he was forthcoming about having issues with his own young son thinking because things are free online that it is okay and how he deals with that being an IP lawyer.

Jeremy F.

Fascinating; the lecturer had a viewpoint and supported it very well. One of the best MCLE courses I've ever heard

judy i.

This is the second video I've watched with this attorney presenting the material. I am again more than pleased with the clarity of the presentation. I'd recommend him for more presentations in the future.

Lawrence R.

Fantastic speaker and course. Very clear and informative.

Charles S.

Fascinating. Never would have thought that such a narrow and finite area of jurisprudence would be so uncertain. Google result makes sense. 2 live crew not so much .....

Martha C.

Fantastic presentation.

Diana B.

Randy is the best presenter of the Lawline CLE that I've encountered so far. Clear, crisp, well-organized solid content. Includes opinions & insights that so many others avoid.

David D.

Excellent presentation.

Neil O.

Excellent presentation.

Elizabeth O.

Excellent program

Randall C.

Great presentation.

Gregory S.

The speaker was very good at illustrating examples of what might or might not constitute fair use. Very helpful.

Richard D.

Randy Friedberg is great.

Allen B.

Useful on "fair use" and its development as a copyright principle.

Robert B. F.

Well done and right on point for my client.

Shari W.

I am really enjoying the Lawline content - well done!

George Y.

The instructor seemed genuinely interested in the topic, which improves the experience.

Julie A. B.

Speaker grabs one’s attention at the program’s outset with a refrain from the song "Pretty Woman" and holds it throughout this engaging presentation.

Emily Z.

Great. Clear.

Juanita B.


Dorrie W.

This was a great overall look at some IP issues for general practitioners.

Kushal M.

fun engaging lecture

Alan M. H.

Great CLE

John S.

Excellent lecture

David S.

Learned a lot. Thank you!

Linda E.

Excellent pulling together of history, case law, personal experience.

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