The Lawyer's Role in Promoting the Use of Fair Use

18 Pages Posted: 20 Mar 2016

See all articles by Jon Garon

Jon Garon

Shepard Broad College of Law

Date Written: March 8, 2016


A third party’s ability to exploit a literary work, photograph, film, song, or database will depend on the nature of the copyright owner’s work and the third party’s usage. This article provides an introductory standardization to help lawyers answer questions regarding the contours of copyright, fair use, and select limitations on copyright in order to provide a simple guide to reduce a bit of the uncertainty. The purpose is to provide a framework for how a lawyer can respond to the common question of whether a particular use of copyrighted works is permitted by a third party and to place the framework for the answer in the context of an opinion letter. In this way, the third party user will have an answer that can be relied upon when seeking publication or Errors & Omissions Insurance for distribution and exhibition.

Keywords: Copyright, fair use, comment, criticism, E&O, insurance, opinion letter, lawyer's letter, infringement, substantial similarity

JEL Classification: K19, K29, K39, K49, Z1, K10

Suggested Citation

Garon, Jon M., The Lawyer's Role in Promoting the Use of Fair Use (March 8, 2016). Available at SSRN: or

Jon M. Garon (Contact Author)

Shepard Broad College of Law ( email )

3301 College Avenue
Ft. Lauderdale, FL 33314
United States

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