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Copyright Demystified for Non-IP Lawyers: What Every Lawyer Should Know To Keep Clients Safe

As a non-IP attorney, have you ever had a client come to you with questions relating to copyright? And, did you find yourself wondering who to call or where to get practical answers to those questions? Well look no further, join Attorney Francine Ward for an easy-to-digest presentation on how you can talk to your clients. She shares answers to some of those pressing questions, practical strategies for addressing them, and resources to help you get more answers. Know this, it’s important as a non-IP lawyer to understand the basics of copyright law. Like it or not, there are copyright implications to almost everything you will do as a lawyer, especially if you are a transactional attorney.

Duration of this webinar: 60 minutes

Originally broadcast: October 30, 2025 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Francine Ward, an intellectual property and estate planning attorney, is introduced as the speaker. Francine outlines the agenda, focusing on the significance of copyright knowledge for non-IP lawyers. She explains that copyright issues are prevalent in social media and legal agreements, making them relevant to all lawyers.

05:19 Copyright Basics and Protection

Francine explains the basics of copyright, emphasizing the protection of original works in tangible formats. She lists various types of works protected by copyright, including literary, musical, and software works. The distinction between sound recordings and musical compositions is highlighted. Francine clarifies that ideas, processes, and book titles cannot be protected by copyright. She discusses the public domain and the impact of the Berne Convention.

15:00 Ownership and Transfer of Copyright

Francine discusses the ownership and transfer of copyright, noting that the creator typically owns the copyright unless transferred. She explains the concept of work for hire, under which employers own works created by employees within their employment scope. Independent contractors require clear agreements to transfer copyright ownership. Francine advises on drafting work for hire agreements with assignment provisions to ensure ownership rights. She highlights the complexities of joint ownership and the importance of clear agreements to avoid disputes.

39:00 Copyright Registration and Enforcement

Francine emphasizes the importance of copyright registration, even though it's not strictly required. She explains the benefits of registration, including public record establishment and eligibility for statutory damages. A 2019 Supreme Court decision requires registration for copyright infringement lawsuits. Francine advises against relying on the 'poor man's copyright' and highlights the Copyright Claims Board for small claims. She outlines the exclusive rights of copyright owners, including reproduction, distribution, and derivative works.

53:00 Fair Use and Common Misconceptions

Francine explains the concept of fair use and its four factors: purpose and character, nature, amount, and market effect. She discusses the transformative use concept in fair use analysis and recent legal developments. Francine advises against assuming internet content is free and stresses the importance of obtaining permissions. She warns about the risks of using AI-generated content without verification. Francine highlights the importance of due diligence in copyright ownership and estate planning.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker

Francine D. Ward Attorney
Law Office Of Francine D. Ward

A 1989 Georgetown University Law Center graduate, Francine D. Ward has been practicing law since January 14, 1991. She is an intellectual property and estate planning attorney admitted to practice in California, New York, and the District of Columbia. In addition, Ward is a respected professional known for helping clients resolve problems and keeping their goals top of mind. Read More ›

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

New Jersey CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: October 29, 2026

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: September 30, 2026

This presentation is approved for one hour of General CLE credit in California, North Carolina, and South Carolina (all levels). This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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