No Fear Fair Use: Practical Fair Use for Cultural Institutions
October 18, 2021, 1:00 PM - 2:30 PM ET
Instructors: Sandra Aya Enimil and Kyle K. Courtney
Imagine if all creators had to wait for a copyrighted work to be in the public domain before they quoted that work? Or if users always had to seek permission, and
that permission could be denied with no recourse? Copyright law’s fair use doctrine provides flexibility in the copyright system, allowing use of copyrighted materials during the copyright term without permission from the copyright owner.
The famous fair use four factors outline the ambit of this right, but there is still uncertainty about how to apply the factors in practice. This uncertainty often
leaves cultural institutions with policies that are either overly restrictive, limiting patron services and discouraging new creations, or overly permissive, potentially subjecting the organization to liability.
This class aims to dispel the myths surrounding fair use and empower, enhance, and increase attendees’ confidence when handling the wide array of fair use focused
questions and policies.
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