Welcome to the second week of our course on Protecting Business Innovation, using Copyright. During this week, we're going to look at limitations on copyright. In our first week, we looked at, how do you get copyright? What is it useful for? What does is protect? So some concepts about getting copyright and using copyright. This week we'll look at defending if you're being charged with copyright violation or being aware of how your copyright might be limited in some way. The biggest area of limitation is this idea of fair use and it's huge. There's a lot of limitations associated with fair use and so, to better understand this important aspect of copyright, we're going to talk about what is fair use. What do we mean by this and when does it apply? How does it apply? We'll also talk about why some people have argued that fair use is unfair? So why might fair use be unfair? Not always but sometimes and so we'll look at fair use and what it is, when it applies, how it applies, and why it is sometimes unfair or inconsistent. In addition to fair use, there are other types of limitations on copyright. And we'll look at these other copyright limitations, the largest of which is First Sale Doctrine. Now it's not bigger than fair use, fair use is the biggest. It's the grandaddy of limitations, it´s the huge one. But first sale also matters, and comes up in certain context. So we´ll talk about what is this first sale doctrine, what does it mean? How does it apply, and what does it limit for you as a copyright holder? Or, what does it allow for you as a copyright material user? In addition to first sale doctrine, an important limitation on copyrights is performance rights limitations. And that limits what you can prohibit people from doing, or in other words enables you to do some things. We'll talk about what performance rights are and when they apply, and how they limit the ability to use copyright. We're also going to talk about an important defense that you should not forget if you go into court, challenge the validity of the copyright. Has it expired? Sometimes you can win on that even when you haven't won in the past. We'll give some examples of how copyright has expired and does expire. Keep in mind, today copyright lasts for 70 years plus lifetime which is, seems like forever but it didn't used to. It used to be 28 years and then you could renew for another 28 but sometimes companies forgot to renew. We're given example of that. Or maybe you did renew, but the time limit has passed. And so maybe it's already now 56 years, 28 plus 28 past the time of the creation of the copyright work. And so some older works are coming out of copyright and sometimes you may be able to say look I didn't copy this work, I copied another work, that that work was also based on. So I copied something from an old German fairy tale like Rapunzel, I didn't copy Disney in their recent version of that. So you want to argue expired copyright or something is different. Finally and this is not a legal limitation, this is a business limitations. Consumer goodwill can limit what you can do with copyright. By this I mean sometimes you may exert your legal rights and the customers, they say, I'm angry, I'm upset, I'm not going to buy this product. You can't afford to lose customer goodwill. So if you lose the loyalty, if you lose the hearts and minds of the consumers they may say, well you have the legal right to do that, but I have the legal right not to buy your product. And so some things you do, may give you legal protection, or legal rights, but cost you sales, and that's actually not very helpful, since the idea of copyright is to help us make money and if it doesn't help us make money, it's a limitation. So, from a business perspective, consumer goodwill can limit your legal rights because you can't afford to exercise those rights and make a profit. There are some other limitations beyond these. These are the big four that we're going to talk about in depth. But we'll briefly mention there are some other areas. Some other things which are more niche. And there's a lot. I won't go into those in detail but we will look at some of those more and more limitations. Now welcome to our Week 2. And with that, we'll start our first session talking about the details of fair use. Thank you. [MUSIC]