Samuel A. Lewis, a member in Cozen O’Connor’s Intellectual Property Litigation group, discusses the dilemmas of fair use, which he describes as “one of the more difficult concepts in U.S. copyright law.” Even if a particular use will almost certainly qualify as a “fair use” Sam advises caution. As an example, Sam discusses the litigation surrounding the unauthorized use of the cover art from one of Miles Davis’ records. Sam says that, “If there’s a lesson to be learned from the dispute and settlement, it is to always obtain clearances in advance. Even if you believe a certain use will qualify as a ‘fair use,’ you still have to weigh the risk of possible litigation.”
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