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.
Copyright and Fair Use
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.
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Non-Residential Fellow
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Brett Frischmann
Affiliate ScholarBrett 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. Read more » about Brett Frischmann
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Lauren Gelman
Non-Residential FellowLauren 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. Lauren previously led the Center for Internet and Society at Stanford Law School and taught at the Law School and the Department of Engineering. Read more » about Lauren Gelman
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Jennifer Granick
Director of Civil LibertiesJennifer Granick is the Director of Civil Liberties at the Stanford Center for Internet and Society. Jennifer returns to Stanford after stints as General Counsel of entertainment company Worldstar Hip Hop and as counsel with the internet boutique firm of Zwillgen PLLC. Before that, she was the Civil Liberties Director at the Electronic Frontier Foundation. Jennifer practices, speaks and writes about computer crime and security, electronic surveillance, consumer privacy, data protection, copyright, trademark and the Digital Millennium Copyright Act. Read more » about Jennifer Granick
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Plaintiff's summary judgment motion
By Colette Vogele • April 27, 2005 at 3:24 pm
In February, Plaintiffs filed a summary judgment motion on the Copyright Clause claim. The motion has been fully briefed. Here is the Government's opposition, and Plaintiff's replybriefs. Read more » about Plaintiff's summary judgment motion
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RAM Caching (1): the nature of the problem
By Yuko Noguchi • April 20, 2005 at 5:44 am
文化庁が発表した「著作権法に関する今後の検討課題」のうち、まずは2.デジタル対応の(1)デジタル化時代に対応した権利制限の見直しについてみてみましょう。
検討課題は、「キャッシング等通信過程の効率化を目的とする複製、機器内で不可避的に生じる一時的な蓄積(複製)、機器の保守・修理に伴う複製等について、権利制限を拡大することに関して検討する。」としています。
これに対応して、文化審議会著作権分科会では、ワーキングチームを立ち上げて検討を始めました。 Read more » about RAM Caching (1): the nature of the problem
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Current Main Writing Projects
By Elizabeth Townsend Gard • January 17, 2005 at 2:29 am
Book-length projects
The Making of the Great War Generation (in progress)
A comparative biography reexamining the meaning of generation, with particular attention paid to gender and those not generally included in the canonized literature (although the canonized writers are very much part of the project.) Individuals discussed include Vera Brittain, Erich Maria Remarque, Edmund Blunden, Mary Lee, Malcolm Cowley, Ezra Pound, Agatha Christie, Dorothy Sayers, R.C. Sherriff, Robert Graves, and many, many others. Read more » about Current Main Writing Projects -
Chief Judge Babcock affirms rulings by Magistrate Judge Boland
By Colette Vogele • November 15, 2004 at 4:17 pm
Chief Judge Babcock today affirmed Magistrate Judge Boland's ruling in August in which he granted in part Plaintiff's 56(f) motion and denied the government's motion for a protective order to stay discovery. The order is short and to the point.
This brings to close a rather lengthy series of motions from the summer months. Currently, we are awaiting the government's reply on its summary judgment motion, and we are working to complete discovery. Read more » about Chief Judge Babcock affirms rulings by Magistrate Judge Boland
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Of Trademarks and Brands
Author(s):Tim GreenePublication Date:April 24, 2013Publication Type:Academic Writing"As Stacey Dogan noted in her recent review of Bob Bone’s Taking the Confusion Out of “Likelihood of Confusion”: Toward a More Sensible Approach to Trademark Infringement, trademark law is at a bit of a crossroads. Scholars increasingly question basic tenets of trademark law and seek explanations for our blinkered theories of trademarks. Among recent attempts at comprehensive trademark law frameworks, some are good, some great, some … not."
Read full Jotwell article. Read more » about Of Trademarks and Brands
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AP v. Meltwater Amicus Brief
Author(s):Julie AhrensPublication Date:January 18, 2013Publication Type:Litigation BriefThe Fair Use Project filed an amicus brief on behalf of the Electronic Frontier Foundation and Public Knowledge in AP v. Meltwater. Read more » about AP v. Meltwater Amicus Brief
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The Knockoff Economy: How Imitation Sparks Innovation
Author(s):Christopher SprigmanPublication Date:September 17, 2012Publication Type:Book -
Infrastructure: The Social Value of Shared Resources
Author(s):Brett FrischmannPublication Date:March 26, 2012Publication Type:Book
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Associated Press v. Meltwater
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. Read more » about Associated Press v. Meltwater
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Cariou v. Prince
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. Read more » about Cariou v. Prince
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Golan v. Holder
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. Read more » about Golan v. Holder
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Sony v. Tenenbaum
We filed an amicus brief on behalf of the Electronic Frontier Foundation asking the First Circuit to affirm the district court’s reduced damages award in Sony v. Tenenbaum, a file-sharing case in which a jury originally ordered a college student to pay $675,000 for infringing copyright in 30 songs. Read more » about Sony v. Tenenbaum
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Alcohol in "Flight" puts trademark laws in focus
Date published:November 6, 2012"Trademark laws "don't exist to give companies the right to control and censor movies and TV shows that might happen to include real-world items," said Daniel Nazer, a resident fellow at Stanford Law School's Fair Use Project." Read more » about Alcohol in "Flight" puts trademark laws in focus
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Inspiration Is the Sincerest Form of Flattery
Date published:October 19, 2012 -
Indicted Megaupload founder plans site reboot
Date published:October 11, 2012 -
Your right to resell your own stuff is in peril
Date published:October 7, 2012“It would be absurd to say anything manufactured abroad can’t be bought or sold here,” said Marvin Ammori, a First Amendment lawyer and Schwartz Fellow at the New American Foundation who specializes in technology issues. Read more » about Your right to resell your own stuff is in peril
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3D Printing: Is the Law Ready for the Future? (Past Event)
May 16, 2013Stanford Law School -
Legal Frontiers in Digital Media (Past Event)
May 16, 2013Stanford UniversityThis intensive event over two days is designed for lawyers and Web publishing professionals responsible for sorting out the emerging legal issues surrounding the distribution of content on digital platforms. Read more » about Legal Frontiers in Digital Media
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We Robot: Getting Down to Business (Past Event)
April 8, 2013Stanford Law SchoolThe program committee for We Robot: Getting Down To Business invites you to join us for the second annual robotics and the law conference to take place April 8 and 9 at Stanford Law School. This year’s event is focused on the immediate commercial prospects of robotics and will include panels and papers on a wide variety of topics, including: Read more » about We Robot: Getting Down to Business
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Fair Use: Now More than Ever (Past Event)
March 12, 2013South by Southwest (SXSW)Presenter: Julie Ahrens
Fair Use is an important doctrine allowing use of copyrighted works without the owner’s consent in certain situations. But documentary filmmakers and producers of online content under utilize the fair use doctrine in their work. The creation and circulation of information to the public, and public debate, is shaped and limited as a result. This session will explore the fundamentals of fair use, as well as what may and may not be permissible, best practices and new developments. Read more » about Fair Use: Now More than Ever
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This Week in Law - Episode 210: Into the Prenda Darkness
May 10, 2013
Hosts: Denise Howell and Evan Brown
Prenda, Paramount product placement, technology legislation, and more.
Guests: Polk Wagner and Julie Ahrens.
Download or subscribe to this show at twit.tv/twil. Read more » about This Week in Law - Episode 210: Into the Prenda Darkness -
Dave Seubert - Hearsay Culture - Show #181 - KZSU-FM
March 13, 2013
CIS Affiliate Scholar David Levine interviews Dave Seubert, head of the University of California Santa Barbara’s Cylinder Digitization and Preservation Project. Read more » about Dave Seubert - Hearsay Culture - Show #181 - KZSU-FM
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Stopping SOPA - Copyright, Free Speech, and Popular Constitutionalism (Video)
November 16, 2012
During late 2011 and January 2012, millions of people protested the passage of the controversial copyright bill the Stop Online Piracy Act (SOPA) in Congress. The protests culminated in the largest online protest in the history of the Internet, with web giant Wikipedia and thousands of other websites going black in a day of self-censorship. Read more » about Stopping SOPA - Copyright, Free Speech, and Popular Constitutionalism (Video)
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Intermediary Liability on the Internet - Ashley Hurst - Video
November 6, 2012
The extent to which internet intermediaries such as Facebook and Google should be liable for unlawful content on the internet is currently facing a great deal of scrutiny in Europe. Like in the US, internet intermediaries in Europe are expected to assist in the prevention of copyright infringement. However, they do not have the wide protection against defamation and privacy claims provided by section 230 of the Communications Decency Act 1996 in the US. Over the last few years, they have therefore found themselves being named in lawsuits in respect of user-generated content. Read more » about Intermediary Liability on the Internet - Ashley Hurst - Video