09 June 2010

An IP lawyer's existential crisis

I want to use a particular cartoon from New Yorker in a slideshow presentation for an educational institution, but I don't want to pay the license fee.

There are plenty of clean copies of this cartoon on the Internet -- that is, copies without the "all rights reserved" watermark along the top -- of questionable legal provenance. (Some justify themselves with shaky educational or fair-use language; others, including an IP lawyers' blog, don't even bother.) I could just use one of these versions. After all, I'd be using it in a school, in a classroom, where I'd be talking to students. In an unpaid capacity.

What to do?

OK, so the crisis is not so much "existential" as it is "financial." Unpaid is not equivalent to not-for-profit, and leading a panel for law students or prospective lawyers does not make me a teacher.

Maybe I'll compromise and use an unlicensed clean copy with a good-faith intention to pay for a licensed copy when I can afford it.

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