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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Fair Use Prospers on Campus
By Daniel Nazer • October 19, 2012 at 2:42 pm
Last week’s decision in Authors Guild v. HathiTrust – upholding the Mass Digitization Project (MPD) – was a big victory for fair use. The MDP is a project where university libraries and Google have together digitized over 10 million books to allow for full-text searches, preservation, and access for people with print disabilities. When the Authors Guild sued for copyright infringement, HathiTrust defended the suit by arguing that the MDP is fair use.
Judge Baer upheld the MDP. His decision recognizes that the project is a massive public good: it is a tool for scholarship, prevents the loss of our cultural heritage, and provides unparalleled access for the visually impaired. Significantly, he found that these educational purposes are “transformational” in a way that supports fair use. Read more » about Fair Use Prospers on Campus
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CIS Affiliates 2012-2014 Announced
By Center for Internet and Society • October 9, 2012 at 8:53 am
We are happy to announce the new 2012-2014 CIS Affiliates. The new affiliates are the following: Read more » about CIS Affiliates 2012-2014 Announced
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TVShack Extradition Case Tumbling as Seventh Circuit Holds Linking/Streaming is Lawful
By Jennifer Granick • August 7, 2012 at 9:54 am
Last week, the U.S. Department of Justice's (DOJ) criminal prosecution of British citizen Richard O'Dwyer for operating a site called TVShack hit what ought to be a major stumbling block. TVShack allows users to link to other computer servers that host television shows and movies. Clicking on the link will allow the user to watch those videos from those sites in a frame on TVShack. Read more » about TVShack Extradition Case Tumbling as Seventh Circuit Holds Linking/Streaming is Lawful
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How Copyright Law Censors Campaigns
By Daniel Nazer • July 19, 2012 at 4:44 pm
Once again, political campaign videos are being censored by copyright law. This time, Mitt Romney is the victim. Read more » about How Copyright Law Censors Campaigns
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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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Lang v. Morris - Order on Cross Motions for Summary Judgment
Publication Date:February 1, 2013Publication Type:Litigation Brief -
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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Lang v. Morris - Plaintiffs' Reply Memorandum of Law in support of their Motion for Summary Judgment
Publication Date:September 24, 2012Publication Type:Litigation Brief
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Lang v. Morris
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. Read more » about Lang v. Morris
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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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Beneath the Fold: The Twisted Tale of Origami v. Sarah Morris
Date published:May 28, 2013"“In the spectrum of highly protected to lower-protected, they’re definitely on the lower end of the scale,” Ms. Ahrens said." Read more » about Beneath the Fold: The Twisted Tale of Origami v. Sarah Morris
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Why Can’t We Take Pictures in Art Museums?
Date published:May 13, 2013"According to Julie Ahrens, a lawyer who specializes in issues of copyright and fair use at the Center for Internet and Society at Stanford University, a photograph of an artwork could be considered a “derivative work,” which is “potentially a violation of the copyright holder.”" Read more » about Why Can’t We Take Pictures in Art Museums?
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Analysis: 'Landmark' ruling says commentary not needed for fair use defense
Date published:April 26, 2013""It's likely a landmark decision on the issue of appropriation art and what you can do with the existing work," said Julie Ahrens, of the Stanford Law Center for Internet and Society." Read more » about Analysis: 'Landmark' ruling says commentary not needed for fair use defense
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Feed Me, See More
Date published:April 25, 2013"“The law has never required the kind of licensing that people have assumed is necessary,” says Julie Ahrens, director of copyright and fair use at Stanford University’s Center for Internet and Society." Read more » about Feed Me, See More
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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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Dr. Virginia Crisp - Hearsay Culture - Show #185 - KZSU-FM
May 22, 2013
CIS Affiliate Scholar David Levine interviews Dr. Virginia Crisp, Lecturer at Middlesex University, on Kim Dotcom and copyright infringement. Read more » about Dr. Virginia Crisp - Hearsay Culture - Show #185 - KZSU-FM
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3D Printing: Is the Law Ready for the Future?
May 16, 2013
Three dimensional printing turns bits into atoms. The technology is simply amazing. These machines draw on programming, art and engineering to enable people to design and build intricate, beautiful, functional jewelry, machine parts, toys and even shoes. In the commercial sector, 3D printing can revolutionize supply chains as well. As the public interest group Public Knowledge wrote once, "It will be awesome if they don't screw it up."
Read more » about 3D Printing: Is the Law Ready for the Future? -
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 -
Derek Khanna - Hearsay Culture - Show #183 - KZSU-FM
May 8, 2013
CIS Affiliate Scholar David Levine interviews Derek Khanna of the Yale Information Society Project on copyright reform, jailbreaking cell phones and CISPA. Read more » about Derek Khanna - Hearsay Culture - Show #183 - KZSU-FM