Evaluating Fair Use for Copyrights

Making Tough Calls on Excluding, Obtaining Permission, or Relying on Fair Use

Recording of a 90-minute premium CLE webinar with Q&A

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Conducted on Tuesday, August 29, 2017

Recorded event now available

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Course Materials

This CLE course will provide guidance to IP counsel on the fair-use evaluation process, review recent court decisions, and offer best practices for the use of third-party copyrighted works.


Using a third-party’s copyrighted work is a necessary step in many client projects and deals. Counsel must understand when unlicensed use of copyrighted material is protected by the fair-use doctrine, whether obtained from, or used in, published works, advertising, films or social media. Fair-use evaluation is one of the toughest challenges IP counsel face in this arena.

Listen as our authoritative panel of IP counsel reviews recent court guidance on evaluating fair use and discusses the challenges in the copyright and fair-use clearance process. The panel will offer best practices for evaluating fair use of third-party copyrighted works, including determining when to exclude content, seek permission or rely on fair use. The panel will also discuss appropriate media perils insurance coverage.



  1. Recent court guidance
  2. Copyright/fair-use challenges
  3. Best practices
    1. Whether and when to exclude content
    2. Licensing options
    3. Obtaining insurance
    4. Relying on fair use


The panel will review these and other key issues:

  • What factors should counsel consider when analyzing fair use?
  • What strategies can counsel use to overcome the challenges posed by the fair-use process?
  • What steps should counsel advise businesses to take when determining whether to use a third-party work?


Elgin, Jennifer
Jennifer L. Elgin

Bean Kinney & Korman

Ms. Elgin specializes in copyright, trademark, and right of publicity issues. A former in-house counsel for...  |  Read More

Jon R. Tandler
Jon R. Tandler

Sherman & Howard

Mr. Tandler provides legal services in IP, publishing and business law. He has over 30 years of experience helping...  |  Read More

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