Counseling Your Clients on Fair Use of Others Works ... While Standing on One Foot

January 31, 2019

Reprinted with permission from Communications Lawyer, Winter 2019

Counseling clients about whether a particular use of a copyrighted work in reporting the news (or in longer-form documentary works) constitutes "fair use" is no simple matter. While our clients may wish there was a plain and easy "litmus test," I know of no "cookie cutter, one-size-fits-all" standard that can be applied, easily, to all (or even most) factual scenarios. So how can we media attorneys best serve our clients to navigate these shoals, not only when called upon to make individual "judgment calls," but to provide them helpful guidance to make these determinations on their own? Read More

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