Fair Use in Filmmaking

In partnership with the Copyright Alliance to celebrate World IP Week!

Fair Use in Filmmaking

With Carol Contes, Esq.

This participatory seminar 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.

1.5 MCLE available for this program.

Presenter: Carol Contes, Esq. has practiced entertainment law for her entire career within the established Hollywood infrastructure as in-house counsel (networks, studios, large production companies, talent agencies, a performers’ union and a Silicon Valley game publisher), and now as a private practitioner. She specializes in negotiating agreements for the development, production of independent films, television and internet productions. She also is experienced with intellectual property licensing agreements, endorsements, and product branding and website agreements. Her clientele includes award-winning, international producers of film and television as well as successful independent Hollywood producers. Ms. Contes received her Bachelor of Arts and Juris Doctorate from the University of Arizona.