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.
Understand intellectual property rights, including copyright, trademark and patents
Comprehend “fair use” principles and how they apply in both copyright and trademark law
Become familiar with recent court decisions addressing various fair use issues in the entertainment industry
Develop “best practices” for assessing when your IP can be used by others and when you can use the IP of others
Cheryl L. Davis is the General Counsel of the Authors Guild. She is a former partner at the firm of Menaker & Herrmann LLP, a general commercial practice firm in New York City. She is a litigator who concentrates in intellectual property matters (particularly copyright and trademark cases), employment, and real estate/construction related matters. She has counseled architects and design professionals on how to protect their intellectual property, and has made multiple industry presentations on the topic. She is also a co-author of Law for Architects: What You Need to Know.
Professional & Community Involvement:
Diversity Co-Liaison of the ABA Forum on the Entertainment and Sports Industries and Vice Chair of the Arts and Museums Committee of that Forum
Co-Chair of the Diversity Committee for the Entertainment, Arts and Sports Law Section for the New York State Bar Association
General Counsel for the League of Professional Theatre Women
Vice President of Theater Resources Unlimited, and a former member of the Theater Panel of the New York State Council on the Arts
New York City Committee of the Law Firm Access to Justice Campaign Committee of Legal Services of the Hudson Valley, Inc.
Participated in a NEA panel on Musical Theater
Representative Speaking Engagements:
Panel Member in a program entitled “Architecture Law: Contract Negotiation, Intellectual Property and Claims” presented by Hudson Valley Bank
Presentation on “Copyright and Intellectual Property Law” to National Academy of Neuropsychology
Presentation on “Intellectual Property and Architects” (both live and webinar)
Presentations on “Contracts, Options and Underlying Rights” and “Differences between Commercial and Not-for-Profit Theater” to theatrical producers, for which she was interviewed by NY1 (Theater Producers Strategize To Ensure Their Shows Go On)
Presentations on employment issues, such as Social Media Concerns in 2015, Sexual Harassment and the “Employee Who Complains”
“Intellectual Property: A Two-Edged Sword,” Inside, Vol. 30, No. 2 (Fall 2012).
“Building Your Business: Protecting Your Intellectual Property,” Form: Pioneering Design, August 2014.
“Disputes in China,” Inside, Vol. 30, No. 3 (Winter 2012), co-written with Yao Fu Bailey.
Contributed to Law for Architects: What You Need to Know.
Excellent program. It was informative and entertaining.
Very good presenter. Well organized and easy speaking voice to listen to.
Very well presented program on “fair use.”
As good an overview as the time permitted, and good written materials.
Very good instructor.
The speaker's presentation was comprehensive and very well organized. She covered a lot of case material in a relatively short time.
Excellent speaker. Passionate about this area of law.
Well done on Fair Use, common sense mixed with good case law.
Well presented. Speaker really appears to be interested in explaining the topic
Great course. Great instructor.
Excellent presentation and course materials. Thank you.
I really enjoyed this speaker!
Good presentation. Enjoyed the speaker.
Fantastic! One of the more informative and interesting CLEs I've taken!
I have these issues in my business law practice
Excellent overall. Would have preferred some more detailed written materials, but definitely excellent overall and great speaker.
interesting and informative speaker
Appreciated the short intro. Good, clear voice and comfortable pace. Thanks.
Excellent...excellent. A very intelligent, articulate and organized presenter.
This is the Louis Vuitton of CLE.
An enjoyable summary of the topics.
She did a great job with this lecture
Thank you for making it easy to follow. Well organized
Pretty good explanation of what is considered to be "Fair Use" . . . .
Convenient, well done and informative!
Speaker was very knowledgeable and informative
Cheryl Davis is a very good addition to your faculty. Thank you,
Good overview on this course. Some slides with set guides would be great.
Really fantastic presenter.
Very informative - really enjoyed the case examples the presenter gave
I really enjoyed the presenter and the presentation. She was knowledgeable made the subject matter interesting and easy to understand. Thank you!
Good discussion of the topic.
Excellent presentation. Great case law examples.
One of your best speakers and program. Excellent
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