Yvette Ayala, Esq. is a Fifth-year associate at the Rogero Law Firm where she has focused her legal career on Intellectual Property Rights and Business Law. Ms. Ayala regularly advises clients on intellectual property protections and compliance. More specifically, she advises clients regarding copyright protections, trademark registration, the licensing or assignment of copyright/trademark rights, trademark viability, and policing infringers of registered marks. She has been involved in various matters overseen by the Trademark Trial and Appeals Board, including cancellation and opposition proceedings. Ms. Ayala attained her J.D. from Pennsylvania State University. She is a member of the Florida Bar and is a member of the Entertainment Arts and Sports Law section and Young Lawyers Division. Additionally, Ms. Ayala is admitted to practice before the United States District Court Southern District of Florida.
Copyright Infringement and Fair Use on Social Media
Re-Broadcast on November 1, 2017
Despite its longstanding history, it has always been difficult to predict how courts would apply the Doctrine of Fair Use. The doctrine was created to strike a balance between the copyright holder’s interest and that of the public. Courts intentionally allow for an ambiguous definition with only general guidelines. A bright line rule would interfere with the freedom of speech the doctrine is meant to protect. As with most areas of law, technology has further complicated the application of fair use. Social media has become such a large part of our lives, it is usually the first and last thing we expose ourselves to in daily life. Has our use of social media platforms inadvertently expanded the traditional limits of the doctrine of fair use?
In this course, we will review the general principles as well as the case specific decisions we have to guide us.
This course is co-sponsored with myLawCLE.
Key topics to be discussed:
• Elements of Copyright infringement
• What is Fair Use?
• Fair Use and Social media
Date / Time: November 1, 2017
• 2:00 pm – 4:00 pm Eastern
• 1:00 pm – 3:00 pm Central
• 12:00 pm – 2:00 pm Mountain
• 11:00 am – 1:00 pm Pacific
Choose a format:
• Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
• On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.
mylawCLE seeks approval in all states except VA.
CLE 2.00 – AK
CLE 2.00 – IA
CLE 2.00 – MP
CLE 2.40 – NY
CLE 2.00 – UT
myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.
Additionally, some states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, FL, ME, MT, ND, NH, NJ, NY, PR, and SD. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.
myLawCLE will seek on-demand approval in all states except Virginia and Arkansas (outside reciprocal provisions stated above).
myLawCLE Credit Guarantee
myLawCLE offers a program and credit approval guarantee. If a registered attendee is unhappy with a CLE program they have attended, myLawCLE will offer that attended access to another complimentary CLE or a full refund in order to insure the attendee’s satisfaction.
Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.
Section I. Copyright infringement
Section II. What is the Fair Use Doctrine?
b) Fair Use Analysis
c) Case law
Section III. Social Media
a) Fair Use and social media
b) Notable case law