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.
I received an email announcement from freeculture.org, "a diverse, non-partisan group of students and young people who are working to get their peers involved in the free culture movement," excerpted and html-ized (is that a word?) below:
Apple (computer) and Apple (records) announced
yesterday they had once again (finally?) resolved their trademark dispute, which dated back to the formation of the computer company in the 1970’s. Under the undisclosed terms of the new agreement, the computer company will be the “owner” of the Apple marks and license back to the music company the ones it uses (e.g., the green apple). And now, at last, iTunes will begin to sell Beatles songs.
I predicted last May that this would be the outcome of the lawsuit brought by the music company two years ago, but it didn’t take a genius to see what was coming.
This is the most important thing that has happened on the intellectual property front lately. Former Soviet president Gorbachev asks Microsoft's Bill Gates not to pursue IP litigation against a high school teacher in Perm who used pirated software in classroom because: - he is poor - he has dedicated his life to teaching - he was just using pirated software, but has not installed and/or downloaded it, - because the possible punishment (imprisonment is Siberia) is disproportionate.
I'm psyched to be speaking on a panel this spring at the South By Southwest Interactive conference. The panel is on Tuesday, March 13, and is entitled Video Mashups: "Please Rolling Stones Don't Sue Us". Rob Maigret (formerly CTO at Revver) will be moderating and I'm certain the discussion will raise many thorny issues about copyright in the world of video mashups.
The first part of this article outlined the mechanics of the Megaupload website, and the novel questions of criminal inducement on which the government's indictment is premised. Here, we explore two more extensions of existing law on which the indictment is based, and the impact this prosecution is likely to have on Internet innovators and users alike.
It is now received wisdom that a properly functioning democracy requires transparency and accountability — information shared with the public that allows the public to know what its government is doing. It is equally uncontroversial to say that social media allows for an unprecedented amount of informal but structured dissemination and analysis of information. Despite these two basic points, U.S. freedom of information law has failed to harness the power of these new social media networks and, more importantly, formats in a way that amplifies public knowledge of government information.
Digital technology has made culture more accessible than ever before. Texts, audio, pictures and video can easily be produced, disseminated, used and remixed using devices that are increasingly user-friendly and affordable. However, along with this technological democratization comes a paradoxical flipside: the norms regulating culture's use — copyright and related rights — have become increasingly restrictive. This book brings together essays by academics, librarians, entrepreneurs, activists and policy makers, who were all part of the EU-funded Communia project.
This is the third in a series of articles focusing on the experimental economics of intellectual property. In earlier work, we have experimentally studied the ways in which creators assign monetary value to the things that they create. That research has suggested that creators are subject to a systematic bias that leads them to overvalue their work.
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.
"Elon Law Associate Professor David S. Levine traveled to Williamsburg, Virginia, in October for the 28th Annual Intellectual Property Seminar: The Evolving Landscape of IP, co-hosted by the Virginia CLE and the Intellectual Property Section of the Virginia State Bar.
""That would be the understanding the majority of law professors would advocate for," suggested Prof Andrea Matwyshyn from Northwestern University in Boston.
She said while design of, say, a carpet could be considered the be-all-and-end-all of its success, a smartphone is a far more complex device. Design is important, but not the only factor.
The fact that Apple is pushing for full damages is a strategy that suggests extreme confidence in its ability to stay ahead of the curve in technology, Prof Matwyshyn said.
"Ben Depoorter, a professor at UC Hastings College of the Law who is an expert in copyright law, says this is typical of entertainment companies that worry about alienating potential buyers by having their performers associated with politics. Exhibit A is the country group the Dixie Chicks, who criticized then-President George W. Bush on stage in 2003 and faced a backlash that nearly ended their careers.
"Universal, which is represented by Sidley Austin and Munger, Tolles & Olson, argues that a takedown notice doesn’t require a fair use assessment. It also argues that Lenz never had standing to bring her suit because her video was restored to YouTube long before she went to court. Lenz “seeks only a symbolic vindication of a bare statutory right,” Sidley’s Mark Haddad wrote in Universal’s petition.
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.
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.
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.