Copyright Part III: Fair Use

Level: Intermediate
Runtime: 57 minutes
Recorded Date: December 06, 2018
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  • Brief Recap of Copyright, Infringement, and DMCA plus its Safe Harbor (5 minutes)
  • Examining the basics of fair use, it’s connection with the U.S. Constitution, and why fair use is a necessary safety-valve to stop unreasonable, speech-restricting claims of copyright infringement (5 minutes)
  • Understanding four fair use factors as well as their sub-factors required for a proper fair use analysis (25 minutes)
  • Practice notes regarding when relying on fair use may or may not be appropriate for a client, recent developments in fair use, and how to determine with better analytical clarity which factors may be most important in common factual scenarios (20 minutes)
Runtime: 57 minutes
Recorded: December 6, 2018


Fair use is the vehicle millions of individuals use to exercise their freedom of expression every day, and it’s important to the everyday workings of online business: website operation, social media marketing, etc. Because it’s so pervasive, it’s also one of the most misunderstood aspects of copyright law for both clients as well as lawyers.

This course is the third part of our series on copyright basics. It can be watched on its own or as part of a series. Art Neil and Shaun Spalding of New Media Rights will walk through the basics of fair use and its “four factor” test. They'll further break down the analysis of those four factors into their sub-factors, highlighting case examples where a factor was particularly critical to the final ruling.

Most importantly, you’ll come away with practice pointers letting you know when clients should and shouldn’t feel comfortable in relying on fair use. We’ll concentrate on “rules of thumb” regarding which factors generally turn out to be most “important” to practical decision making.

This program was recorded on December 6th, 2018.

Provided By

New Media Rights


Art Neil

Founder/Executive Director
New Media Rights

Art is the founder and Executive Director of New Media Rights, and specializes in internet, intellectual property, privacy, and media law. As an adjunct professor at California Western School of Law, Art teaches Internet & Social Media Law as well as the Internet & Media Law Clinic. He writes about legal issues for creators and small businesses as a Contributor for Forbes.

Art is the author of the book Don’t Panic: A Legal Guide (in plain English) for Small Businesses and Creative Professionals which is used by universities across the country to teach legal concepts to students. He is also is the creator of the Fair Use App, which is licensed by the University of California to teach concepts surrounding fair use and content reuse to staff and faculty.

In 2011, 2013, and 2015 Art was appointed as a member of the Federal Communication Commission’s Consumer Advisory Committee, where he served as Co-chair of the Broadband Working Group. He has published numerous articles on copyright and net neutrality including in the Journal for Internet Law, the Tulane Intellectual Property Law and Technology Journal, and CEB Business Law Quarterly (a publication of the State Bar of California and the University of California), among others. He speaks regularly on his areas of expertise, and has been a speaker at the Copyright Society of the USA, the American Intellectual Property Law Association, and the California State Bar Intellectual Property conference.

Art received his J.D. from University of San Diego School of Law in 2006, and his B.A. from the College of William & Mary in 2001.

Shaun Spalding

Assistant Director
New Media Rights

Shaun Spalding is Assistant Director of New Media Rights and an IP attorney specializing in digital entertainment transactions and licensing. New Media Rights is a non-profit that represents creators and startups working on educational or innovative projects who may not otherwise be able to afford legal services.

In private practice, Shaun represented a handful of the top-40 most watched and subscribed to Youtube channels in the world.

Shaun is an adjunct professor at California Western School of Law teaching an Internet and Media Law clinical course. Outside of academia, over 10,000 working creators have enrolled in his online courses aimed at teaching legal basics to creatives.

Before practicing law, Shaun worked as a commercial filmmaker producing and directing brand integrations for companies like SWISS Airlines, Sharp Televisions, the Motion Picture Association of America, and Henkel.

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