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.
Authors Guild General Counsel 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 discusses best practices to monitor both how your own IP is exploited as well as how you 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:
Representative Speaking Engagements:
Contemporary and informative course materials.
She is a wonderful teacher!!! Excellent course!!!
Cheryl is always great!
Very smart lady.
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