Davis Wright Tremaine’s Karen Henry and Brendan Charney will lead a participatory seminar that explores the fair use of copyrighted audiovisual works in film. In appropriate circumstances, fair use permits creators to use a copyrighted work without permission or payment, if the use serves a “transformative” or socially valuable purpose such as criticism, commentary, or illustration. Although filmmakers often license copyrighted works, there are also many opportunities for fair use — especially if the copyright owner would refuse to license a work, or if the work is considered an “orphan” because the owner can’t be located.
In this workshop, we will provide an overview of the doctrine of fair use and explain how to apply it. We will summarize recent developments and review notable cases, displaying excerpts from the copyrighted works at issue to illustrate how courts analyze these cases. The presentation will include practical guidance about obtaining E+O insurance and sending and receiving takedown notices. Opportunity will be provided for discussion and Q&A.
Fair use is essential for documentary filmmakers, but we will also discuss how fictional and comedic filmmakers can make fair use. This seminar is at an intermediate level. Filmmakers and producers with a basic understanding of copyright law are welcome to attend. Attorneys will find it especially useful.
Presenters: Brendan Charney, Esq. focuses his practice on media and intellectual property law. Brendan litigates cases brought in state and federal court, and counsels documentary filmmakers, journalists, and other creative clients on fair use and other legal issues in order to control legal risk prior to distribution, publication, or broadcast. While a law student, Brendan represented documentary filmmakers in an administrative rulemaking before the Copyright office, helping the filmmakers obtain a legal exemption that allows them to circumvent copy controls on DVDs in order to make fair use in film. Brendan received his J.D. from the University of Southern California, where he was a member of USC’s national moot court team.
Karen Henry, Esq. Litigating in state and federal court, Karen maintains a broad and diverse practice, focusing primarily on media, IP, and entertainment law. In her practice, she defends clients in a range of matters, including copyright, trademark, right-of-publicity, theft of ideas, defamation, and invasion of privacy litigation. She also has extensive expertise in defending news organizations against subpoenas, in gaining access to court proceedings and records, in defending clients in business disputes against claims for breach of contract, fraud, unfair competition and other business torts, and in representing newspapers in adjudication proceedings.