copyright fair use

Entertainment Law Update Podcast - Episode 100 Tamera Bennett & Gordon Firemark

100 entertainment law update podcast tamera bennett gordon firemark.jpg

100 episodes later and the Entertainment Law Update Podcast is still going strong!

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the legal highlights from the past nine years on this very special episode of the Entertainment Law Update Podcast. Yes, we said "Righthaven" one more time.

Click the arrow below to listen or click the "Apple" below to subscribe for free in iTunes.

In this very special episode Tamera and Gordon covered:

and much more.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.

This post contains affiliate links. That means if you click a link, we may receive a benefit.

Entertainment Law Update Podcast - Episode 99 Tamera Bennett and Gordon Firemark

Entertainment Law Update Podcast 99 Tamera Bennett Gordon Firemark #podcast #musicbiz #copyright #trademark.jpg

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

In this episode of the Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.

This post contains affiliate links. That means if you click a link, I may receive a benefit.

Entertainment Law Update Podcast Episode 98 - Tamera Bennett and Gordon Firemark

Podcast Episode 98 Tamera Bennett Gordon Firemark.jpg

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

In this episode of the Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.

This post contains affiliate links. That means if you click a link, I may receive a benefit.

Entertainment Law Update Episode 95: Tamera Bennett and Gordon Firemark

Podcast Episode 95 Tamera Bennett Gordon Firemark.jpg

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen or click the "Apple" below to subscribe in iTunes.

In this episode of the Entertainment Law Update Podcast, Tamera and Gordon discuss the latest news and cases involving copyright, trademark, film, TV, and other entertainment law issues.

These cases and much more on this episode of the Entertainment Law Update Podcast.

This episode of the Entertainment Law Update Podcast is brought to you by LawPay. If you are lawyer or law firm and need a better way to process credit cards, visit  lawpay.com/elu .

This episode of the Entertainment Law Update Podcast is brought to you by LawPay. If you are lawyer or law firm and need a better way to process credit cards, visit lawpay.com/elu.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.

This post contains affiliate links. That means if you click a link I may receive a benefit.

Entertainment Law Update Episode 81 - Tamera Bennett and Gordon Firemark

entertainment law update episode 81 tamera bennett gordon firemark #podcast #entertainmentlaw

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen to the Entertainment Law Update Podcast or subscribe in iTunes.

In Episode 81 of the Entertainment Law Update Podcast, Tamera and Gordon offer an unscientific take on the top copyright, trademark, film, TV and other entertainment law cases of the year. The round-up includes:

These cases and much more on this episode of the Entertainment Law Update Podcast.

Please leave us listener feedback at the iTunes store. Your comments will help other folks find our podcast.


Entertainment Law Update Podcast - Live From Austin - Episode 79

#podcast #entlawupdate Attorney Tamera Bennett Attorney Gordon Firemark Entertainment Law Update Podcast News

Listen to Dallas-area music lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark discuss the latest entertainment law issues on the Entertainment Law Update Podcast.

Click the arrow below to listen to the Entertainment Law Update Podcast or subscribe in iTunes.

In Episode 79 of the Entertainment Law Update Podcast Tamera and Gordon record live at the TexasBarCLE Entertainment Law Institue CLE. Professor Stan Soocher joins them as a guest co-host. 

Entertainment Law In the News Discussed:

Prof. Stan Soocher Interviews Tamera Bennett and Gordon Firemark:

  • For a fun change of pace, rolls are reversed and Tamera and Gordon are interviewed on the "Laws of Podcasting."
  • Insight on using music in podcasting
  • Name and likeness releases for podcasting
  • Protecting your content when you podcast
  • and much more

You can find more links to stories discussed on Google+ in the "Legal Issues of Podcasting" Community.

Please leave us listener feedback at the iTunes store.

Gordon and Tamera select current situations in entertainment law to update attorneys and others. Their discussions are highly informative, a great review of the law, and easy listening. A pleasure to tune in - how often can you say that about a CLE?

This post contains affiliate links. That means if you click on the link I may receive a benefit.

2015 Top Cases from Entertainment Law Update Podcast

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Click the arrow below to listen to Episode 69.

California film/TV lawyer Gordon Firemark and Dallas music/trademark lawyer Tamera Bennett, wrap up and count down the top entertainment law cases of 2015 on Episode 69 of the Entertainment Law Update Podcast.

The countdown includes:

Santa Claus is Coming to Town Copyright Grant Termination ruling
Happy Birthday Copyright - Case Settled
Lenz v. Universal - Dancing Baby - Must Make Fair Use Determination
Blurred Lines Case - on Appeal
Innocence of Muslims Ruling (and possible  en banc review)
Pre ‘72 Copyrights – Turtles - Class Action claimants settle without the Turtles
Copyright Office Music Licensing Study – the history and the future
Point Break Live ruling - stage performance (not the new movie)
Monkey Selfies

Entertainment Law Update Podcast - Episode 66 - Live from Dallas

entertainment law podcast live dallas tamera bennett gordon firemark september 2015 episode 66

Dallas trademark lawyer Tamera Bennett and Los Angeles film lawyer Gordon Firemark presented the Entertainment Law Update Podcast before a live studio audience at the Dallas Bar Association on September 23, 2015.

With a full house of sports and entertainment lawyers, Gordon and Tamera chatted in detail about the "Happy Birthday" copyright decision, the DMCA dancing baby decision, and other cases of interest. There's also bonus material revealing "behind the scenes of podcasting for lawyers."

Click the arrow below to listen to Episode 66.

Tamera was also interviewed on KRLD radio about the "Happy Birthday" decision. Click here to listen.

Image is licensed under the Creative Commons Attribution-Share Alike 3.0 Unported license. Attribution: Drumguy880.

 

Entertainment Law Update Podcast - Live - Belo Mansion - September 23

entertainment-law-update-live-dallas-tamera-bennett-gordon-firemark

Tamera Bennett and Gordon Firemark meet up in Dallas to record Episode 66 of the Entertainment Law Podcast - live - in front of a studio audience.

Join us at the Belo Mansion, Noon on September 23, 2015 for lunch, CLE, and the Podcast.

We will discuss the latest ruling in Lenz v. Universal (aka Prince v. The Dancing Baby). Other topics include extensions to the Canadian Copyright term, the latest in Fashion law and IP rights, and "knock-knock," "who's there?" "Stolen Joke on Twitter. Take it down."

 

Dallas Bar Association

Belo Mansion

2101 Ross Avenue

Dallas, Texas 75201

214-220-7400

How Do I Research Fair Use?

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"I'm going to use three measures of a song. That's fair use, right?" And, the lawyer answers, "it depends."  I think "it depends" is the number one legal response.

When it comes to intellectual property, and in particular fair use of copyrights, it can be hard to tell if you need a license to use a portion of a copyrighted work you don't own or your use is fair use. Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances.

Section 107 of the Copyright Act provides four factors to evaluate a question of fair use:

Four Factors

  1. Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes.
  2. Nature of the copyrighted work.
  3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole.
  4. Effect of the use upon the potential market for or value of the copyrighted work.

The Fifth Factor

While not part of the statutory analysis of copyright fair use, the courts have added a "transformative use" determination. Whether or not the new work transforms the old work is often analyzed as part of Factor One - the purpose and character of the new use.

Fair Use is Case-by-Case

Fair use is determined case-by-case. That means there are no standards out there that apply saying it's okay to take a percentage of the book, or a certain number of measures of the song.  If you use something you did not create, you run the risk of your actions constituting copyright infringement and being sued.

The U.S. Copyright Office offers a great research tool by aggregating all the recent copyright fair use court decisions. You can search the legal opinions by jurisdiction and type of case, i.e., computer program, music, internet/digitization.

Fair Use Is a Defense

Don't forget, fair use is a defense. That means if you are sued for copyright infringement, you - the defendant - have the burden to prove your use was "fair use."  The plaintiff only has to prove you infringed their copyright.

Entertainment Law Update Podcast: Episode 65 Tamera Bennett & Gordon Firemark

"Texas Longhorn" Larry D. Moore  CC BY-SA 3.0  

"Texas Longhorn" Larry D. Moore CC BY-SA 3.0 

Click the arrow below to listen to Episode 65 of Entertainment Law Update.

Live from Fort Worth, Texas it's Episode 65 of the Entertainment Law Update Podcast.  Film lawyer Gordon Firemark and Texas music lawyer Tamera Bennett record their first face-to-face episode of the podcast.

Gordon and Tamera chat about SESAC buying HFA, the Black Swan Intern cases, and whether or not Lion's Gate can "put Baby in the corner."

 

Entertainment Law Update Podcast - Episodes 63 and 64 - Tamera Bennett and Gordon Firemark

Image Ryan McGuire

Image Ryan McGuire

Join Texas trademark and music lawyer Tamera Bennett and film/theatre lawyer Gordon Firemark on the May 2015 and June 2015 episodes of Entertainment Law Update Podcast.

Click the arrow below to play the Entertainment Law Update Podcast Episode 63

Podcast 63 covers Prince, Uptown Funk, Grooveshark and much more.


Click the arrow below to play the Entertainment Law Update Podcast Episode 64

In Podcast 64 Tamera and Gordon finally answer "Who's on First?"