Tony Falzone is the Deputy General Counsel at Pinterest, Inc.
The Center for Internet and Society at Stanford Law School is a leader in the study of the law and policy around the Internet and other emerging technologies.
A healthy copyright system must balance the need to provide strong economic incentives through exclusive rights with the need to protect important public interests like free speech and expression. Fair use is foundational to that balance. It's role is to prevent copyright from stifling the creativity it is supposed to foster, and from imposing other burdens that would inhibit rather than promote the creation and spread of knowledge and learning.
The Fair Use Project (FUP) was founded in 2006 to provide legal support to a range of projects designed to clarify, and extend, the boundaries of fair use in order to enhance creative freedom and protect important public rights. It is the only organization in the country dedicated specifically to providing free and comprehensive legal representation to authors, filmmakers, artists, musicians and other content creators who face unmerited copyright claims, or other improper restrictions on their expressive interests. The FUP has litigated important cases across the country, and in the Supreme Court of the United States, and worked with scores of filmmakers and other content creators to secure the unimpeded release of their work.
Tony Falzone is the Deputy General Counsel at Pinterest, Inc.
Brett Frischmann’s expertise is in intellectual property and internet law. After clerking for the Honorable Fred I. Parker of the U.S. Court of Appeals for the Second Circuit and practicing at Wilmer, Cutler & Pickering in Washington, DC, he joined the Loyola University Chicago law faculty in 2002. He has held visiting appointments at Cornell and Fordham.
Lauren is an experienced attorney, frequent speaker and start-up advisor who has worked in the field of Internet law and policy since 1995. She is the founder of BlurryEdge Strategies, a legal and strategy consulting firm located in San Francisco that advises technology companies and investors on cutting-edge legal issues.
The FBI investigates a grizzly murder. You are a bank president. The murderer stored his phone book in your bank's safety deposit box, the code for which is encrypted with copyrighted proprietary software, before he committed the murder. The FBI demands that you provide it with the master code for the box, which can be used to unlock other boxes, too. You can give the FBI the code, but should you? Apple CEO Tim Cook is asking himself the same question, his answer is rightly "no."
E. TV Networks has filed copyright infringement claims in federal district court against Google and sixteen YouTube users. The targeted users sent DMCA counter-notices to YouTube following E. TV’s requested takedowns of videos containing copyrighted material from performances by rapper Chief Keef. The users named in the case come from countries around the world, including the UK, Poland, and Mexico, in addition to the United States.
"No digital trespassing! Violators will be sued. Survivors will be sued again!" Ever seen that sign? Not likely. That's because, technically, there is no law against digital trespassing per se. This occurs when your grandma's new universal remote control climbs over, figuratively speaking, the encryption security fence on copyrighted content, such as the software to her old garage opener, so as to enable communication between the new control and old garage door opener.
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.
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.
We defended the publisher of the Harry Potter Lexicon against suit from J.K. Rowling and Warner Brothers.
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.
MARIA A. PALLANTE
UNITED STATES REGISTER OF COPYRIGHTS AND DIRECTOR OF THE U.S. COPYRIGHT OFFICE
COMMITTEE ON THE JUDICIARY
United States House of Representatives
“THE REGISTER’S PERSPECTIVE ON COPYRIGHT REVIEW”
Affiliate Scholar Annemarie Bridy cited on the subject of DMCA reform on page 25 of the attached PDF.
"Google's program "has some terms that are favorable to Google, such as requiring an exclusive offer and agreeing that the offer won't serve as notice for willfulness purposes, but no one is being forced to offer their patents as part of this program," said Daniel Nazer, staff attorney at the Electronic Frontier Foundation.
The response likely "will be modest," he told the E-Commerce Times."
""In practice it doesn't seem to have been a revolutionary decision," said EFF staff attorney Daniel Nazer, who penned the organization's Supreme Court brief in Nautilus. While the Supreme Court clamped down on the "extravagance" of the insolubly ambiguous standard, "judges are still interpreting the 'reasonable certainty' test in a patentee-friendly way."
""This is a patent on updating a Web page, when you really look at it, it's a patent on updating a table of contents where some of the links could go to media files," Nazer said. "This is not the kind of thing that should have been patentable and it certainly wasn't new, even in 1996."
Personal Audio could appeal the U.S. Patent Office decision by taking the case to federal court, Nazer said."
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The song “Happy Birthday” has a long, litigious history dating back to the 1930s. Every year, people spent millions in royalties to use the song, until a class action lawsuit was brought challenging whether the owner, Warner/Chappell Music, actually owned the copyright it so aggressively enforced. Elizabeth Townsend-Gard, Tulane School of Law professor specializing in copyright law, discusses the case of “Happy Birthday.”
Read or listen to the full interview at NPR.
NPR's Audie Cornish talks to Daniel Nazer of the Electronic Frontier Foundation about the impact of this ruling. An appeals court ruled the music used in the video was an instance of fair use.
AUDIE CORNISH, HOST:
When Stephanie Lenz saw her toddler jamming out in the kitchen to the Prince song "Let's Go Crazy," naturally she took a video and posted it to YouTube.
CIS Affiliate Scholar David Levine interviews Pedro Roffe of the International Centre for Trade and Sustainable Development and Prof. Xavier Seuba of the University of Strasbourg, co-editors of ACTA and the Plurilateral Enforcement Agenda.
CIS Affiliate Scholar David Levine interviews Elizabeth Townsend Gard of Tulane University Law School and Ron Gard of Limited Times LLC, on The Durationator, an online tool to determine whether any work of authorship is covered by copyright, and social entrepreneurship.