Tony Falzone is the Deputy General Counsel at Pinterest, Inc.
Prior to joining Pinterest, Tony co-founded CIS’s Fair Use Project, which he led as its Executive Director from 2006 to 2012. In the course of his work at CIS, Tony represented conductor Lawrence Golan in his challenge to Congress's constitutional power to remove works from the public domain, which he argued before the Supreme Court of the United States. He also represented visual artist Shepard Fairey in copyright litigation against The Associated Press over Fairey's "Obama Hope" posters, and represented RDR Books as trial counsel in its copyright and Lanham Act dispute with J.K. Rowling and Warner Brothers over the Harry Potter Lexicon. Those cases followed notable victories on behalf of the producers and distributors of the film Expelled: No Intelligence Allowed in litigation against Yoko Ono Lennon and EMI Records, on behalf of Professor Carol Shloss in her lawsuit against the Estate of James Joyce. Tony also represented a wide array of organizations as amicus curiae in federal appeals courts throughout the country, including The Andy Warhol Foundation for the Visual Arts, Creative Commons, and the American Library Association. In addition to litigating, Tony advised dozens of documentary filmmakers, writers, artists and other content creators on fair use and other intellectual property issues.
As a Lecturer in Law, Tony has taught both lecture and clinical courses at Stanford Law School, including Fair Use in Film, Advanced Topics in Cyberlaw, and the Cyberlaw / Fair Use Clinic.
Prior to his work at Stanford, Tony was a litigation partner in the San Francisco office of Bingham McCutchen. He is a 1997 graduate of Harvard Law School, and was a law clerk to the Hon. Barry T. Moskowitz, U.S. District Judge, Southern District of California.
Last year, Universal Music threatened Javier Prato with legal action for using "I Will Survive" in a humorous video posted on YouTube. It retreated after the Fair Use Project explained Prato's video was protected by Fair Use.
Now, Universal has targeted video blogger Michelle Malkin, who has been harshly critical of one of Universal's recording artists, the rapper Akon. Malkin posted a video blog on YouTube detailing (and showing) what appears to be footage of Akon assaulting a fifteen year old girl during a concert, and asking why his actions have not been addressed by Akon's label (Universal), his other sponsors, and certain politicians. In her video, Malkin includes footage from the concert at which this alleged assault happened, and other examples of what she asserts to be Akon's misognystic performances, in order to make her case.
So how did Universal respond? It apparently issued a DMCA takedown notice to YouTube on the ground Malkin's blog infringed its copyrights. The video was taken down from YouTube, but you can still see it here, on Malkin's blog. Read Malkin's discussion of the issue here.
If Universal did issue this takedown notice, it needs to retract it and apologize at once. Copyright is not a tool to silence or remove speech you don't like. Read more » about Universal Music's Second Strike
Last month we filed suit against Viacom for taking down Robert Greenwald's parody of the Colbert Report. We are happy to report that Viacom has conceded it should not have done so, agreed to withdraw its objections to the parody, and also agreed to take steps to help avoid incidents like this in the future.
In return for that, we have dismissed our complaint, and are working with Viacom to establish specific procedures to avoid the takedown of protected material -- and to expedite the restoration of it once mistakes have been identified.
Personally, I applaud Viacom for doing the right thing here, and for its willingness to do more. Read more » about Viacom Does The Right Thing; CIS And EFF Dismiss Complaint
We are at the point where technology makes it feasible to share publicly the vast swaths of our history, culture and heritage that reside on radio, television and film archives. As detailed here, the BBC is taking the lead in that endeavor, having apparently announced plans to make its entire archive available for free. Read more » about A Bold And Fantastic Step By The BBC
As detailed in this article from Salon, the the Estate of Theodor Geisel (better known as Dr. Seuss) was not amused when somebody decided that Green Eggs And Ham is really best when reinterpreted by Bob Dylan -- or at least a good impersonation of him -- and set to music.
The song itself is brilliant. You can learn more about it and hear it here, at least for now.
The Estate's response was irresponsible, if not simply abusive. Parody and satire, whether obvious or subtle, lie at the heart of Fair Use. So does this song. Read more » about Dylan Hears A Who -- And Gets A Cease And Desist Letter Too
Having obtained what she sought in her complaint (the right to publish her Electronic Supplement on the internet) and more (the right to publish it in print, too), Professor Carol Shloss has asked the Court to order the Estate to pay her attorneys' fees based on the unsubstantiated positions the Estate took for years, only to back down once finally challenged. Read Shloss's motion for attorneys' fees here. Read more » about Shloss Seeks Fees From Joyce Estate
We filed an amicus brief on behalf of a group of library associations and others asking the Second Circuit to reverse a lower court’s injunction of the publication of 60 Years Later: Coming through the Rye an unauthorized story based on J.D. Salinger’s in Catcher In The Rye. Read more » about Salinger v. Colting, et al.
We filed an amicus brief in the Federal Circuit on behalf of the Warhol Foundation and Warhol Museum, contemporary artists and law professors in support of the U.S. Postal Service, urging affirmance of the district court’s finding of fair use. Read more » about Gaylord v. U.S. Postal Service
Yoko Ono and EMI sued a documentary filmmaker for using a short clip from the John Lennon song “Imagine” as part of a critique of the lyrics of the song. We defended the filmmaker and successfully argued that the use of the copyrighted song was fair use. Read more » about Lennon v. Premise Media
In this case, two archives challenged statutes that extended copyright terms unconditionally—the Copyright Renewal Act and the Copyright Term Extension Act (CTEA)—as unconstitutional under Copyright Clause and the First Amendment. Read more » about Kahle v. Gonzales
The Golan case was back before the District Court on remand to determine whether the URAA can survive First Amendment scrutiny. Each side cross-moved for summary judgment on that issue. Read more » about Golan v. Holder - Plaintiffs' Reply in support of their Motion for Summary Judgment in the District Court
The Golan case was back before the District Court on remand to determine whether the URAA can survive First Amendment scrutiny. Each side cross-moved for summary judgment on that issue. Read more » about Golan v. Holder - Plaintiffs' Motion for Summary Judgment in the District Court
The Fair Use Project, along with co-counsel Bingham McCutchen, sued OTRN and Savage to recover damages for the misrepresentations made in connection with the wrongful removal of Brave New Film's video from YouTube, and declaratory and injunctive relief to vindicate BNF's right to say what it said about Savage in the video, and prevent the suppression of the video in the future. Read more » about Brave New Films v. Savage - Complaint
For the originator of a meme, legal protections are slim, and that’s the way it should be, says copyright attorney Anthony Falzone, executive director of the Fair Use Project at Stanford Law School. “If you’re the first person to do the video S- -t Girls Say, that doesn’t mean someone else can’t use the same idea with girls saying different stuff,” he says. “Just because you’re the first one to do something doesn’t mean you should be the only one to get to do it.”
Read the full publication at the original link below. Read more » about The Growing Power of the Meme
Anthony Falzone, Executive Director of the Fair Use Project, along with Larry Kramer, Mark Lemley, Richard Epstein, Peter Thiel and Ted Ullyot in the Federalist Society's panel "Effect of Regulation on Technology & Innovation. Read more » about Effect of Regulation on Technology & Innovation
Four Factors In Search Of a Question: Anchoring Fair Use to Free Expression and Social Value Read more » about Four Factors In Search Of a Question: Anchoring Fair Use to Free Expression and Social Value
The Online News Association, in conjunction with the UNC Center for Media Law & Policy, the Stanford Law School Center for Internet & Society and the UC Berkeley Graduate School of Journalism, presents the Third Annual Law School for Digital Journalists, part of the Thursday Workshops at ONA’s 2012 Conference & Awards Banquet, Sept. 20-23. Read more » about ONA12 Law School for Digital Journalists
Join us for an evening conversation with CIS Executive Director of the Fair Use Project Anthony Falzone and Congressman Darrell Issa where they will discuss topics about SOPA, PIPA and internet freedom. Read more » about SOPA, PIPA and Internet Freedom Where Do We Go From Here?
Hosted by the Federalist Society. More info about this event.
Anthony Falzone and Mark Schultz will debate whether significant developments in U.S. copyright law work to protect or violate individual freedom. Professor Paul Goldstein will moderate. Mr. Flazone is the Executive Director of the Fair Use Project with SLS's Center for Internet and Society. Mr. Schultz is a professor of law at Southern Illinois University School of Law, and his research focuses on the intersection of copyright and social norms.
Golan v. Holder involves a challenge to the constitutionality of the 1994 Uruguay Round Agreements Act (URAA), which restored copyright in foreign works previously in the public domain under U.S. copyright law. The plaintiffs in the case have challenged the URAA as contravening both the "limited times" requirement and the First Amendment. In October 2011, the Supreme Court heard oral arguments in the case and is expected to issue a ruling before June 2012. Read more » about Copyright and the Public Domain After Golan
An evening conversation with CIS Executive Director of the Fair Use Project Anthony Falzone and Congressman Darrell Issa where they will discuss topics about SOPA, PIPA and internet freedom. Read more » about SOPA, PIPA and Internet Freedom - Where Do We Go From Here? Audio
An evening conversation with CIS Executive Director of the Fair Use Project Anthony Falzone and Congressman Darrell Issa where they will discuss topics about SOPA, PIPA and internet freedom. Read more » about SOPA, PIPA and Internet Freedom - Where Do We Go From Here? Video
A growing chorus of opposition has emerged around the Stop Online Piracy Act (SOPA) now pending in the House, as well as its Senate counterpart, the PROTECT-IP Act. If enacted, SOPA would provide unprecedented power for law enforcement and private actors to force service providers to block access to internet sites or shut off revenue streams. Read more » about What's Wrong With SOPA? - Video
A growing chorus of opposition has emerged around the Stop Online Piracy Act (SOPA) now pending in the House, as well as its Senate counterpart, the PROTECT-IP Act. If enacted, SOPA would provide unprecedented power for law enforcement and private actors to force service providers to block access to internet sites or shut off revenue streams. Read more » about What's Wrong With SOPA? - Audio
On April 21, 2011, YouTube invited the public to ask our CIS Fair Use experts questions regarding fair use.
Anthony Falzone, Executive Director of the Fair Use Project, and Julie Ahrens, Associate Director of the Fair Use Project, answer a selection of questions. Read more » about CIS Fair Use Legal Experts Answer Fair Use Questions