TOPIC

All is Fair (Use) In Love and Copyright

SPEAKER

Stephen Zralek: Bone, McAllester, Norton
Copyright law gives exclusive rights to authors of original works, but the Fair Use doctrine limits those rights.  Stephen Zralek looks at several close cases and lets audience members judge for themselves as to whether the infringement should be permitted under the Fair Use defense.  The presentation is interactive, comparing side-by-side examples of original works with later works where the original author claims infringement.  Examples include a comparison of Margaret Mitchell’s Gone with the Wind, and The Wind Done Gone by Nashville author Alice Randall; a comparison of the original Roy Orbison’s “Pretty Woman” song and 2 Live Crew’s version of it; and a comparison of more recent works created by contemporary photographer Patrick Cariou and appropriation artist Richard Prince.  We’ll explore recent decisions from within the Sixth Circuit and around the country, examining the four factors that courts examine when determining fair use.

Stephen Zralek is an artist at heart and, despite being a lawyer, finds himself regularly manipulated by his two children.  He practices at Bone McAllester Norton where he is a Member of the Firm.  He is a litigator focused IP, entertainment, and business disputes.  He previously served as Chair of the Copyright Litigation Committee of the ABA’s IP Law Section, and is a regular author and speaker on IP legal issues and social media.  Stephen is on the board of Conexion Americas, and is the co-founder of WaterCooler, a monthly networking event that highlights Nashville’s cultural richness.  He tweets at @StephenZralek, and blogs at www.TheExpressive.com.