Join the ALA Copyright, Legislation, Education, and Advocacy Network (CLEAN) for a free CopyTalk webinar at 2:00 p.m. Eastern on Thursday, October 1.
“Fair Use as Cultural Appropriation: What the ‘Forgotten Factor’ Matters” will explore how copyright is an inadequate fit for combatting cultural appropriations – it allows some publicly beneficial uses of protected works without the consent of the copyright owner under certain exceptions, foremost being copyright’s fair use doctrine. Fair use’s four-factor test is supposed to help to determine whether an unauthorized use of another’s work is reasonable in light of copyright’s goals of promoting cultural production. This presentation argues that there is a “forgotten factor” in the fair use analysis that is key to assessing the real impacts unauthorized appropriations have on diverse forms of creativity. Recognizing the “forgotten factor” is a necessary step forward toward bringing social, political, and racial equity to our copyright system.
The speaker will be Dr. Trevor Reed, associate professor of law at Arizona State University’s Sandra Day O’Connor College of Law where he teaches courses in property, intellectual property, and federal Indian law. Professor Reed’s research explores the social impacts of intellectual property law on individual and group autonomy, with his most recent work exploring the effects of U.S. intellectual property regimes on Indigenous People’s creativity and innovation. Professor Reed holds a PhD in Ethnomusicology from Columbia University’s Graduate School of Arts and Sciences, a JD from Columbia Law School, and a Masters of Arts Administration from Columbia’s Teachers College.