Symposium

Fair Use: "Incredibly Shrinking" or Extraordinarily Expanding?
February 8, 2008

On Friday, February 8, 2008 Columbia Law School will host a day-long symposium on developments in fair use.

Copyright's fair use doctrine is evolving in response to today's challenges, but is it shrinking, or is it expanding? Our panelists will look at recent fair use cases to see how the courts are characterizing and applying the fair use factors, and the potential impact of these trends on the scope of copyright protection. Panelists will discuss and debate:

Transformative use. The Supreme Court in Campbell v. Acuff-Rose emphasized the transformative nature of the defendant's work in evaluating fair use. But what does it mean to "transform" another work? Should the defendant's work be transformative, for example through "new expression, meaning or message," or does it suffice for the use to which defendant puts the work to be different from the copyright owner's uses? What is meant by "functional transformation," and what are its implications for the right to create derivative works?
The fair use factors. Is the relative weight of the factors changing in the digital world? How significant are the second factor (the nature of the work) and third factor (the amount and substantiality of the portion used) in recent cases? Are there additional factors that courts commonly look to?
Beyond fair use. Other approaches that have been proposed to supplement or further define fair use include "tolerated use" and "lawful personal use." What do they mean, and what are their implications for authors, rightholders and users?

Keynote Speaker
Prof. Paul Goldstein
Stanford Law School

Featuring

Prof. Barton Beebe
Cardozo School of Law

Prof. Laura Heymann
William & Mary School of Law

Robert Kasunic
United States Copyright Office

Prof. Jessica Litman
University of Michigan Law School

Prof. Joseph Liu
Boston College School of Law

Prof. Randal Picker
University of Chicago Law School

Prof. R. Anthony Reese
University of Texas at Austin School of Law

Prof. Rebecca Tushnet
Georgetown University Law Center

Prof. Tim Wu
Columbia Law School

Moderators

June M. Besek
Executive Director, Kernochan Center
Columbia Law School

Prof. Jane Ginsburg
Columbia Law School

Prof. Clarisa Long
Columbia Law School

Registration

To register, please fill out the registration form and mail it together with a check for the registration fee, or email the form with credit card authorization for the fee. The registration fees are:

Private Practice $195.00 per person
Public Interest/Nonprofit $145.00 per person

CLS faculty and students may attend free of charge, with advance registration. The registration deadline is January 31, 2008. A limited number of scholarships are available in cases of financial hardship, provided that an application is made on or before January 15, 2008 explaining the basis for the request.

Time and Location

The symposium will take place at Columbia Law School, Jerome Greene Hall (corner of 116th Street and Amsterdam Avenue). The schedule is as follows:

9:00 - 9:30 Registration and continental breakfast

9:30 - 9:40 Welcome and introductions

9:40 - 10:30 Prof. Paul Goldstein, Keynote Speaker

10:30 - 10:45 Break

10:45 - 12:30 First panel: Transformative Use
Moderator: Jane Ginsburg; Speakers: Laura Heymann, Tony Reese, Rebecca Tushnet

12:30 - 1:45 Lunch

1:45 - 3:30 Second panel: The Fair Use Factors
Moderator: June Besek; Speakers: Barton Beebe, Robert Kasunic, Joseph Liu

3:30 - 3:45 Break

3:45 - 5:30 Third panel: Beyond Fair Use
Moderator: Clarisa Long; Speakers: Jessica Litman, Randy Picker, Tim Wu

5:30 - 5:45 Wrap up

CLE Credit

This program in its entirety will provide seven (7) New York Continuing Legal Education (CLE) credits to be applied to the professional practice requirement. (The morning session (keynote and first panel) is worth three; the afternoon session (2 panels) is worth four.) Advance registration by January 31, 2008 is mandatory to receive CLE credit. Under Continuing Legal Education rules, CLE credit will be offered only to those attorneys completing an entire session. Attorneys who arrive late for or depart early from the morning or afternoon session are welcome to attend but will not be eligible for CLE credit for that session. Attorneys wishing to receive CLE credit must sign in prior to and following the program.

Sponsors

Kernochan Center for Law, Media and the Arts
The Columbia Journal of Law and the Arts
The Horace Manges Lecture and Conference Fund

Fair Use Symposium Registration Form


	Symposium Fair Use: "Incredibly Shrinking" or Extraordinarily Expanding? February 8, 2008 On Friday, February 8, 2008 Columbia Law School will host a day-long symposium on developments in fair use. Copyright's fair use doctrine is evolving in response to today's challenges, but is it shrinking, or is it expanding? Our panelists will look at recent fair use cases to see how the courts are characterizing and applying the fair use factors, and the potential impact of these trends on the scope of copyright protection. Panelists will discuss and debate: Transformative use. The Supreme Court in Campbell v. Acuff-Rose emphasized the transformative nature of the defendant's work in evaluating fair use. But what does it mean to "transform" another work? Should the defendant's work be transformative, for example through "new expression, meaning or message," or does it suffice for the use to which defendant puts the work to be different from the copyright owner's uses? What is meant by "functional transformation," and what are its implications for the right to create derivative works? The fair use factors. Is the relative weight of the factors changing in the digital world? How significant are the second factor (the nature of the work) and third factor (the amount and substantiality of the portion used) in recent cases? Are there additional factors that courts commonly look to? Beyond fair use. Other approaches that have been proposed to supplement or further define fair use include "tolerated use" and "lawful personal use." What do they mean, and what are their implications for authors, rightholders and users? Keynote Speaker Prof. Paul Goldstein Stanford Law School Featuring Prof. Barton Beebe Cardozo School of Law Prof. Laura Heymann William & Mary School of Law Robert Kasunic United States Copyright Office Prof. Jessica Litman University of Michigan Law School Prof. Joseph Liu Boston College School of Law Prof. Randal Picker University of Chicago Law School Prof. R. Anthony Reese University of Texas at Austin School of Law Prof. Rebecca Tushnet Georgetown University Law Center Prof. Tim Wu Columbia Law School Moderators June M. Besek Executive Director, Kernochan Center Columbia Law School Prof. Jane Ginsburg Columbia Law School Prof. Clarisa Long Columbia Law School *Registration* To register, please fill out the registration form and mail it together with a check for the registration fee, or email the form with credit card authorization for the fee. The registration fees are: Private Practice $195.00 per person Public Interest/Nonprofit $145.00 per person CLS faculty and students may attend free of charge, with advance registration. The registration deadline is January 31, 2008. A limited number of scholarships are available in cases of financial hardship, provided that an application is made on or before January 15, 2008 explaining the basis for the request. Time and Location The symposium will take place at Columbia Law School, Jerome Greene Hall (corner of 116th Street and Amsterdam Avenue). The schedule is as follows: 9:00 - 9:30 Registration and continental breakfast 9:30 - 9:40 Welcome and introductions 9:40 - 10:30 Prof. Paul Goldstein, Keynote Speaker 10:30 - 10:45 Break 10:45 - 12:30 First panel: Transformative Use Moderator: Jane Ginsburg; Speakers: Laura Heymann, Tony Reese, Rebecca Tushnet 12:30 - 1:45 Lunch 1:45 - 3:30 Second panel: The Fair Use Factors Moderator: June Besek; Speakers: Barton Beebe, Robert Kasunic, Joseph Liu 3:30 - 3:45 Break 3:45 - 5:30 Third panel: Beyond Fair Use Moderator: Clarisa Long; Speakers: Jessica Litman, Randy Picker, Tim Wu 5:30 - 5:45 Wrap up CLE Credit This program in its entirety will provide seven (7) New York Continuing Legal Education (CLE) credits to be applied to the professional practice requirement. (The morning session (keynote and first panel) is worth three; the afternoon session (2 panels) is worth four.) Advance registration by January 31, 2008 is mandatory to receive CLE credit. Under Continuing Legal Education rules, CLE credit will be offered only to those attorneys completing an entire session. Attorneys who arrive late for or depart early from the morning or afternoon session are welcome to attend but will not be eligible for CLE credit for that session. Attorneys wishing to receive CLE credit must sign in prior to and following the program. Sponsors Kernochan Center for Law, Media and the Arts The Columbia Journal of Law and the Arts The Horace Manges Lecture and Conference Fund Fair Use Symposium Registration Form
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