Fair Use in Entertainment Law

Production Date: March 30, 2017 Practice Areas: Sports & Entertainment Law Estimated Length: 3608 minutes


$ 59 Sports & Entertainment Law In Stock

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

Megan M.
Asheville, NC

I really enjoyed this speaker!

Karin I.
Crestwood, KY

Good presentation. Enjoyed the speaker.

Christina C.
Albuquerque, NM

Fantastic! One of the more informative and interesting CLEs I've taken!

Sandra G.
Katy, TX

I have these issues in my business law practice

David M.
Manhattan, NY

Excellent overall. Would have preferred some more detailed written materials, but definitely excellent overall and great speaker.

alison g.
Marble Falls, TX

interesting and informative speaker

erick w.
el paso, TX


Eric H.
Georgetown, DE

Great presentation.

Michael S.
El Paso, TX

Appreciated the short intro. Good, clear voice and comfortable pace. Thanks.

Dwight B.
Flatwoods, KY


Stephen E.
Crestwood, KY

Excellent...excellent. A very intelligent, articulate and organized presenter.

Alan K.
Toledo, OH

This is the Louis Vuitton of CLE.

Richard D.
Manhattan, NY

An enjoyable summary of the topics.

Steve T.
New Braunfels, TX

She did a great job with this lecture

Lasean C.
Richmond, TX

Great presentation.

Jeff D.
Vashon, WA

Great presentation.

Martza M.
Morehead City, NC

Thank you for making it easy to follow. Well organized

Ronald B.
Oxnard, CA

Pretty good explanation of what is considered to be "Fair Use" . . . .

James A.
Austin, TX

Convenient, well done and informative!

Otis C.
Cleveland, TX


Christine L.
Cleveland, OH

Speaker was very knowledgeable and informative

Socrates K.
Las Vegas, NV

Cheryl Davis is a very good addition to your faculty. Thank you,

Randy B.
New York, NY

Good overview on this course. Some slides with set guides would be great.

Nicole B.
Santa Fe, NM

Really fantastic presenter.

Rick K.
Irving, TX

liked it

Kelly H.
Georgetown, TX


Nina V.
Dallas, TX

Very informative - really enjoyed the case examples the presenter gave

Tracy D.
Asheville, NC

I really enjoyed the presenter and the presentation. She was knowledgeable made the subject matter interesting and easy to understand. Thank you!

Laury F.
New York, NY

Good discussion of the topic.

Alison M.
Fayetteville, TN

Excellent presentation. Great case law examples.

Rodrick W.
Chicago, IL

Excellent presentation!

Karen C.
Waxhaw, NC

One of your best speakers and program. Excellent

Monique H.
Brooklyn, NY

Spectacular presentation!