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Overview:
Copyright issues are central to the mission of colleges and universities, but often, copyright policies fail to reflect the current legal landscape. Common university fair use policies have been heavily influenced by the Classroom Guidelines, which have been attractive due to their formulaic nature.
But a clear understanding of the history and principles that underpin fair use doctrine can enable your institution to better serve your community and ensure legal compliance.
Participate in this on-demand webcast to take an in-depth look at the fair use doctrine. You will:
- Understand the origins and evolution of fair use
- Determine if the use of a particular work is fair under the law
- Learn how fair use applies to materials used in the classroom
- Understand how fair use pertains to electronic reserves
- Craft policy around fair use doctrine
Continuing Legal Education (CLE) Credits
Most Academic Impressions legal-related events are approved for Continuing Legal Education (CLE) credit in the state of Colorado. If you are interested in receiving "home-study" credit for participating in this on-demand webcast, please contact us at 720.488.6800 to request that we apply for credit. Credit may be granted by states outside of Colorado, but credit decisions are at the discretion of individual state boards.
What You Will Learn:
Staff responsible for the creation and enforcement of institutional copyright policy will leave this event with the knowledge they need to apply fair use doctrine. This includes policy officers, legal counsel, university librarians, academic deans, and department heads.
What Others Are Saying
"This overview of fair use was one of the most useful I have seen. It provided a sound overview of fair use and a perspective on recent and often confusing developments in the law."
"Mr. Blakeslee has in-depth knowledge of the historic rationale for copyrights, case law and legislative history. His exposition is straightforward and clear. His practical advice regarding how to think about these matters and how we should, in turn, advise our faculty and administrators is sound and helpful."
Program Agenda:
| ON-DEMAND Presentation |
| Live Session Took Place On Friday, October 10, 2008 |
- What is fair use and what's not?
- The origin of fair use
- Fair use as justification for copyright
- Early cases
- Folsom v. Marsh
- Gray v. Russell
- The four elements
- The transformative nature of the use
- Time v. Geis
- Campbell v. Acuff Rose
- Educational fair use - Defined
- Williams & Wilkins Company v. United States
- The 1976 Copyright Law
- Section 107 limitations on exclusive rights - Fair Use
- Modern 4 elements
- Multiple copies for classroom use recognized
- The erosion of the right of educational institutions to use copyrighted works
- The Ad Hoc Committee
- The Classroom Guidelines
- Guidelines prohibitions
- Safe Harbor
- Influence on the content of university copyright policies
- The problem with the Guidelines
- Things in the guidelines that are not in the law of fair use
- The concept of spontaneity
- Cumulative effect
- Reprint fees
- Higher authority
- Repetition
- CONFU
- CONTU
- NYU
- Princeton University Press v. Michigan Documents Services
- American Geophysical Union v. Texaco
- Permission fees - the fallacy of circular reasoning
- Fair use: right or simply a defense
- Sony v. Universal Studios
- American Geophysical Union v. Texaco
- Where we are today
- Course packs are not permitted
- Multiple copies for classroom use
- Campbell v. Acuff-Rose, Permissions
- Harper and Row
- How can we help ourselves from infringement?
- Tips
- Perfect 10 v. Amazon.com, Inc.
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Instructor:
Wesley D. Blakeslee, Executive Director, Technology Transfer and Associate General Counsel, The Johns Hopkins University
For many years as an associate general counsel, Wes was responsible for intellectual property and complex business law. While in private practice, Wes has served as director of computer development at the University of Maryland Law School and associate general counsel and executive director of the Office of Technology Transfer at The Johns Hopkins University. An active member of the National Association of College and University Attorneys (NACUA), Wes serves as a resource on intellectual property law to all types of colleges and universities. He is frequently a featured speaker at national, state, and local conferences, as well as on behalf of bar associations and numerous conference organizations. Wes has been cited as a national authority on intellectual property issues in the New York Times, the Chronicle of Higher Education, and other publications.
Ordering Information:
Ordering
Order online using our secure ordering system, or call 720.488.6800. After ordering, you will receive a confirmation of payment or an invoice, depending on method of payment. All audio is streamed on your computer speakers using your computer's sound card. |
Shipping
A CD-ROM version of the archive will be mailed within 3 business days of the time the order is placed. Shipping within the United States and Canada is free of charge. For orders shipped outside the United States and Canada, an additional $35 USD will be charged. |
Order Online:
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