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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Gaylord v. U.S. Postal Service
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
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Rowling v. RDR Books
We defended the publisher of the Harry Potter Lexicon against suit from J.K. Rowling and Warner Brothers. Read more » about Rowling v. RDR Books
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Lennon v. Premise Media
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
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Kahle v. Gonzales
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
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Will Disney Let You See This Movie?
Date published:January 23, 2013Randy Moore’s dark drama Escape From Tomorrow premiered this week at the Sundance Film Festival and quickly became one of the most buzzed-about oddities in Park City, Utah. Reviews have been mixed but unquestionably intriguing. There’s a chance, though, that the rest of us won’t be able to form our own opinions: Escape From Tomorrow was filmed without permission on location at Disney’s theme parks in Orlando, Fla., and Anaheim, Calif., and it unabashedly incorporates the familiar logos, characters, and theme-park images in a perverse dramatic narrative. Read more » about Will Disney Let You See This Movie?
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DVR Protections Invoked to Pause Associated Press
Date published:January 22, 2013The AP's argument is "unfounded and dangerous to innovation," according to the brief authored by Julie Ahrens, of Stanford Law School's Center for Internet & Society. Read more » about DVR Protections Invoked to Pause Associated Press
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Copyright suit pits Fair Use against unlicensed distribution
Date published:January 21, 2013 -
EFF urges judge to protect fair use of news coverage
Date published:January 19, 2013
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Legal Frontiers in Digital Media (Past Event)
May 21, 2012Stanford UniversityA joint conference of the Media Law Resource Center and the Center for Internet & Society.
This intensive two-day event is designed for lawyers and Web publishing professionals responsible for sorting out the emerging legal issues surrounding the distribution of content on digital platforms.
The conference will explore:
Content monetization and the mechanics and business models for digital media.
The operational side of social media.
Anonymity and social responsibility on the internet. Read more » about Legal Frontiers in Digital Media -
Is Your ISP Becoming A Copyright Cop? (Past Event)
May 3, 2012Room 95 - Stanford Law School
Is Your ISP Becoming A Copyright Cop? The Graduated Response Program and "Voluntary" Efforts to Police Online InfringementLunch time talk with Corynne McSherry - EFF Intellectual Property Director -
Digital Public Library of America - West (Past Event)
April 27, 2012San Francisco, caDPLA West—taking place on April 27, 2012 in San Francisco—is the second major public event bringing together librarians, technologists, creators, students, government leaders, and others interested in building a Digital Public Library of America. Convened by the DPLA Secretariat at the Berkman Center for Internet & Society and co-hosted by the San Francisco Public Library, the event will assemble a wide range of stakeholders in a broad, open forum to facilitate innovation, collaboration, and connections across the DPLA effort. DPLA West will also showcase the work of the interim technical development team and continue to provide opportunities for public participation in the work of the DPLA. Read more » about Digital Public Library of America - West
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Screening of No Way Out But One (Past Event)
April 22, 2012Larkspur, CACome see the Bay Area screening of Documentary Film Program participant No Way Out But One. This inspiring true story is about Holly Collins and her children—the first U.S. citizens to be awarded asylum by the Netherlands for protection from domestic violence.
Lark Theater, Larkspur, CA
$20 Donation
Q & A with Garland Waller after the screening Read more » about Screening of No Way Out But One
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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