Fair Use Hearing
Fairey v. the AP
The Case:
AP said that Fairey had copied, without permission, its photograph to make his posters.
AP demanded that Fairey pay a fee to use the photo and pay them part of the money he had earned from selling T-shirts, etc. with the poster image.
Fairey claims fair use.
Schedule
- Present Case
Day 2:
- Meet with your partner/s to prepare
Day 3:
- Meet with larger group to write statement to give to the judge
Day 4:
- Hearing
- Fairey v AP PowerPoint
- Fairey v AP answers to four factors of fair use
- Where you will turn in your assignments
Process for the hearing
- Plaintiff’s counsel makes arguments ( 3-4 minutes)
- Judges asks three questions (2-3 minute)
- Defense counsel makes arguments (3-4 minutes)
- Judges asks three questions (2-3 minutes)
- Plaintiff’s counsel (rebuts) answers arguments (1 minute)
- Defense attorney rebuts (1 minute)
- Judge makes decision (2 minutes)
Roles
- Who will read your statement to the judge (1 person)
- Who will give the rebuttal (1 person)
- Who will answer the questions the judge answers (3 different people)
Information for the Judges
The arguments you hear should be based on the copyright statute and the fair use exemption. You will be making a decision in the case.
Your job is to:
1. Review the case and think of questions to ask the attorneys.
2. You will be in charge of the hearing and call on the attorneys to present their arguments.
3. Listen carefully to the arguments and ask questions whenever you like.
4. Be sure to consider the impact of your decision on other situations that may arise in the future.
5. Decide how the issue should be handled. If there is more than one judge you do not have to agree. There can be dissenting opinions.
6. Announce your decision and give your reasons.
What you need to turn in
Individually:
- What will the defense argue?
- What three questions will you ask the defense?
- What will the plaintiff argue?
- What three questions will you ask the plaintiff?
- Go to the "Fair Use Cases" page below
After the hearing:
- What is your reasoning behind your final decision?
- What is the possible impact of your decision on other situations?
Information for Attorneys for the plaintiff, AP
You will be preparing and presenting a 3-4 minute argument before the court representing the plaintiff, AP.
The arguments to be presented should be based on the copyright statute and the fair use exemption.
Your job is to:
Describe the facts of the case and develop arguments to persuade the Court to decide for your client based on the law. Be prepared to answer any questions the judge may ask you.
In preparing your 3-4 minute argument, you should think about the following questions:
• What decision do you want?
• What are the arguments in favor of and against each side? (Anticipating the opposition can strengthen your argument.)
• Which arguments are the most persuasive? Why?
• What might be the consequences of each possible decision? (to society and to the involved parties?)
• Are there any alternatives besides what each side is demanding?
You will also have 1 minute to respond to any arguments raised by the other side during their presentation.
What you need to turn in
- What decision do you want?
- What are the arguments in favor of and against each side? (Anticipating the opposition can strengthen your argument.)
- Which arguments are the most persuasive? Why?
- What might be the consequences of each possible decision? (to society and to the involved parties?)
- Are there any alternatives besides what each side is demanding?
- Draft of a 3-4 minute argument
From your large group
- Transcript of your final 3-4 minute argument
Information for Attorneys for the defendant, Shepard Fairey
You will be preparing and presenting a 3-4 minute argument before the court representing the defendant, Shepard Fairey.
The arguments to be presented should be based on the copyright statute and the fair use exemption.
Your job is to:
Describe the facts of the case and develop arguments to persuade the Court to decide for your client based on the law. Be prepared to answer any questions the judge may ask you.
In preparing your 3-4 minute argument, you should think about the following questions:
• What decision do you want?
• What are the arguments in favor of and against each side? (Anticipating the opposition can strengthen your argument.)
• Which arguments are the most persuasive? Why?
• What might be the consequences of each possible decision? (to society and to the involved parties?)
• Are there any alternatives besides what each side is demanding?
You will also have 1 minute to respond to any arguments raised by the other side during their presentation.
What you need to turn in
- What decision do you want?
- What are the arguments in favor of and against each side? (Anticipating the opposition can strengthen your argument.)
- Which arguments are the most persuasive? Why?
- What might be the consequences of each possible decision? (to society and to the involved parties?)
- Are there any alternatives besides what each side is demanding?
- Draft of a 3-4 minute argument
From your large group
- Transcript of your final 3-4 minutes argument