Schnader Attorneys Present “A Fresh Look at ‘Fair Use'” Panel at the 10th Annual NJCCA ConferenceOn September 21, 2012 by Schnader
Schnader partners Daniel J. Brooks and Kevin C. Taylor participated in the panel discussion “A Fresh Look at ‘Fair Use'” at the 10th Annual CLE Conference of the New Jersey Chapter of the Association of Corporate Counsel on September 21, 2012. The panel focused on the recent attention on the fair use doctrine, including fair use in the software context, which provides an affirmative defense to claims of copyright infringement under the Copyright Act of 1976. The purpose of copyright is to incentivize creativity by giving inventors and artists a limited monopoly over their original, creative works, without, however, stifling creativity by foreclosing secondary users; referential works which build on old ideas to create “transformative” new works. The balancing of these competing interests was at the core of the district court’s decision in Cariou v. Prince, 784 F. Supp.2d 337 (S.D.NY. 2011), in which Schnader successfully represented the plaintiff, a photographer, whose images were “appropriated” by the defendant.
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