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 joins Villanova as The Charles Widger Endowed University Professor in Law, Business and Economics, effective August 1, 2017. In this new role, Professor Frischmann will promote cross-campus research, programming and collaboration; foster high-visibility academic pursuits at the national and international levels; have the ability to teach across the University; and position Villanova as a thought leader and innovator at the intersection of law, business and economics.
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.
Declining to follow similar cases in other circuits, a federal district court for the Eastern District of Pennsylvania ruled that a website’s attempt to increase its ranking in search engine listings through invisible use of a competitor’s trademarks, either through hidden meta tags or as a keyword to trigger its own paid advertisements, does not violate federal trademark law under the Lanham Act.
I. Factual Background
Plaintiff, formerly SFX Motor Sports, Inc. (now Live Nation Motor Sports, Inc.), produces motorcycle racing events known as Supercross and broadcasts these races through radio, television, and the Internet. Defendant, Robert Davis (“Davis”), provided a link to audio webcasts of Supercross races on his website, www.supercrosslive.com. Plaintiff alleged trademark infringement, copyright infringement, and unfair competition.
The court started its analysis by re-stating that there are three groups of parties that are entitled to bring a patent suit: (1) patentee, (2) successors in title to patentee, (3) transferee of all substantial rights in the patent for standing purposes.
The Second Circuit upheld a summary judgment finding of fair use by the U.S. District Court for the Southern District of New York in a case involving “appropriation art,” art that incorporates objects and images taken from popular media and consumer advertising. Plaintiff Andrea Blanch, a fashion photographer, sued Jeff Koons, a visual artist, as well as the art galleries that had commissioned his work, for unlicensed use of one of her photographs, “Silk Sandals by Gucci,” that had been published in Allure magazine.
Sarah Morris is a well-known multimedia artist and filmmaker. In 2007, she debuted her "Origami" series, 24 paintings in which she reworked, redesigned, and reshaped origami crease patterns on canvas. Several origami artists sued Morris for copyright infringement, arguing Morris had unduly appropriated their allegedly copyrightable origami crease patterns in developing the "Origami" series. The Fair Use Project teamed up with attorneys Bob Clarida and Donn Zaretsky to defend Morris. We briefed the fair use issues on summary judgment.
Meltwater News ("Meltwater") is a search engine and research tool that allows users to search for and obtain information about news items that have been made publicly available on the Internet.
We filed an amicus brief in the Second Circuit on behalf of The Andy Warhol Foundation for the Visual Arts urging the appeals court to reverse a district court decision that ignored established fair use principles that many artists rely upon in creating their work.
The FUP filed this suit on behalf of a University of Denver conductor and others, challenging Congress’s restoration of copyright to works that had entered the public domain.
"“We’re pleased that the Federal Circuit agreed that the podcasting patent is invalid,” said Daniel Nazer, a staff attorney at the EFF and the Mark Cuban Chair to Eliminate Stupid Patents. “We appreciate all the support the podcasting community gave in fighting this bad patent.”"
""I would think that in this case—a non-commercial site reviewing Olive Garden pasta—the claim of infringement is very, very weak," Daniel Nazer, a staff attorney with the Electronic Frontier Foundation, who recently helped a design blog with a similar issue, told Ars.
"Daniel Nazer, a staff attorney for the Electronic Frontier Foundation, said facts and story concepts generally can’t be copyrighted. Short phrases like headlines or titles likely wouldn’t be subject to copyright, either, he said.
"Speaking by phone to Law360, Nazer said Thursday he believed the disclaimer was directly linked to his post given the timing, and the fact that IBM filed the disclaimer after it was contacted by other media outlets.
“They file hundreds of other patents, so I guess they figured they could head off any criticism at the pass by dedicating it to the public," Nazer said."
For more information visit: http://isp.yale.edu/event/innovation-law-beyond-ip-2
Saturday March 28th featuring CIS Non-Residential Fellow Yana Welinder
Creative Production Without IP
Kevin Collins – Architectural Innovation Before the AWCPA
Lea Shaver – Publishing Without Property: Commons-Based Social Publishing and Its Implications for Educational and Book Policy
The American Bar Association White Collar Crime Committee Presents:
The Internet’s Own Boy: A Discussion Of U.S. v. Aaron Swartz And The Prosecution And Defense Of Cyber-Crime
Featuring Brian KNAPPENBERGER, Filmmaker And Director Of The Internet’s Own Boy, Jennifer GRANICK, Director Of Civil Liberties For The Center For Internet And Society At Stanford Law School, And More.
To register please visit the Bar Association of San Francisco's website.
IP BYTES: Hot Topics in Copyright Law
The 16th Annual Federalist Society Faculty Conference will be held on January 3-4, 2014 in New York City. The purpose of our Annual Faculty Conferences is to provide an opportunity for those interested in the Society to share ideas and scholarship with each other.
""Ideas, before you actually put them to work, are very vulnerable to stealing," said University of California, Hastings law professor Ben Depoorter. "We give protection to someone who can make good on that idea, and put it into a particular application, practice, expression, art form.
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.”
CIS Affiliate Scholar David Levine interviews Prof. Andrea Matwyshyn of Northeastern University Law School, on the Digital Millennium Copyright Act (DMCA) and the Volkswagen fraud scandal.
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.