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Evaluating Fair Use for Copyrights: Making Tough Calls on Excluding, Obtaining Permission, or Relying on Fair Use

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, November 9, 2022

Recorded event now available

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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. Relying on fair use
    4. Obtaining insurance


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?


Rienecker, Peter
Peter R. Rienecker
Senior Vice President, Legal Affairs
Warner Bros. Discovery

Mr. Rienecker is responsible for legal matters concerning the development, production, distribution and advertising of...  |  Read More

Wolff, Nancy
Nancy E. Wolff

Cowan DeBaets Abrahams & Sheppard

Ms. Wolff advises her clients on the registration and protection of intellectual property in the area of copyright and...  |  Read More

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