“Fair Use Is Not a Jacket Over an Otherwise Infringing Outfit”

“Fair Use Is Not a Jacket Over an Otherwise Infringing Outfit”

ABOUT THE PROGRAM

Swedish-born Fredrik Colting f/k/a “J.D. California” just doesn’t seem to get fair use, but he just keeps on trying.  He was enjoined from publishing “60 Years Later”– his “sequel” to J.D. Salinger’s  “The Catcher in the Rye”.  Now, only 6 years later, he’s washed ashore in California and decided to try his hand at works by Truman Capote, Jack Kerouac, Ernest Hemingway and Arthur C. Clark.  His twist this time?  “Kinderguides” for 6 to 12 year olds:  “Breakfast at Tiffanys” for tots; “On the Road” for the pre-school set.  Not surprisingly, he’s been enjoined yet again.  What have we learned from what he can’t seem to learn? Where is the line between an “adaptation” that’s a derivative work and an “adaptation” that’s a transformative fair use?  Where should that line be drawn in these days of fan fiction and mashups?  And are the fair use cases that focus on the “character” of the use headed in the opposite direction from those cases about the “purpose” of the use?

SPEAKER

Marcia Paul concentrates on media and intellectual property litigation and counseling, representing clients on copyright, trademark, libel, and advertising matters including many of the world’s major media companies, as well as general commercial litigation. Marcia has tried many cases in various state and federal courts around the country and before various arbitral tribunals, including jury trials, on a wide range of legal issues and in many industries. She has tried complex litigation, frequently involving multinational and cross-border issues.

Reception to follow

1 Hour CLE Credit Pending