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.
-
Non-Residential Fellow
-
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
-
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
-
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
Pages
-
Judge Alsup (ably) Explains It All To Us: Copyrightability of Certain Replicated Elements of the Java Application Programming Interface
By Stuart Soffer • June 1, 2012 at 11:24 am
Kudos to Judge Alsup for his order regarding copyrightability of software API's - for both for legal as well as technical explanations - in Oracle v Google. This aspect of the case is reminiscent of Java Wars Round 1 (Sun and Microsoft).
See, Order Re Copyrightability of Certain Replicated Elements of the Java Application Programming Interface, http://www.wired.com/wiredenterprise/wp-content/uploads//2012/05/Judge-A...
-
Jennifer Granick to Direct New Civil Liberties Initiative at Stanford Law School Center for Internet and Society
By Center for Internet and Society • May 30, 2012 at 6:00 am
Stanford Law School today announced the appointment of Jennifer Stisa Granick as Director of Civil Liberties at the Center for Internet and Society (CIS). Granick will lead the Center’s work at the intersection of online technologies and civil liberties, with a particular focus on cybersecurity, national security, government surveillance and free speech. Read more » about Jennifer Granick to Direct New Civil Liberties Initiative at Stanford Law School Center for Internet and Society
-
Commentary on Infrastructure: The Social Value of Shared Resources
By Brett Frischmann • May 3, 2012 at 8:35 am
Last week, Concurring Opinions hosted a symposium on my book. Here are links to the posts:
Frank Pasquale’s Introduction to the Infrastructure Symposium:
Deven Desai, Education and Infrastructure: Read more » about Commentary on Infrastructure: The Social Value of Shared Resources
-
A Glance Inside The Clearance Culture
By Daniel Nazer • April 26, 2012 at 1:33 pm
The clearance culture is the set of norms and practices within the entertainment industry that mandates—whether or not the law actually requires it—that every scrap of copyrighted or trademarked material be cleared with the original rights-holder. While copyrighted material often does need to be licensed (e.g. soundtrack music), the clearance culture imposes burdens well beyond the law and has become a self-perpetuating and self-serving system of self-censorship. Read more » about A Glance Inside The Clearance Culture
Pages
-
Golan v. Holder - Respondents Brief
Publication Date:August 11, 2011Publication Type:Litigation BriefSupreme Court brief for the Respondents. Read more » about Golan v. Holder - Respondents Brief
-
Golan v. Holder - Cato Instiute Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation Brief -
Golan v. Holder - Justice and Freedom Fund's Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation Brief -
Golan v. Holder - American Library, et al. Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation BriefBRIEF AMICI CURIAE OF AMERICAN LIBRARY ASSOCIATION, ASSOCIATION OF COLLEGE AND RESEARCH LIBRARIES, ASSOCIATION OF RESEARCH LIBRARIES, UNIVERSITY OF MICHIGAN DEAN OF LIBRARIES, INTERNET ARCHIVE AND WIKIMEDIA FOUNDATION IN SUPPORT OF PETITIONERS Read more » about Golan v. Holder - American Library, et al. Supreme Court Amicus Brief in support of Golan
Pages
-
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
-
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
-
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
-
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
Pages
-
Can You Trademark Your Pot?
Date published:August 27, 2012Kal Raustiala and Chris Sprigman, continuing their excellent blogging (soon to be in book form) about markets succeeding in absence of intellectual property, have taken a look at the question of whether or not different brands of marijuana can be covered by trademark. With the increasing legality of medical marijuana, it's not uncommon for different strands to get their own brands. However, as the two note, plant varieties cannot be trademarked, but you can build a brand on top of one. Read more » about Can You Trademark Your Pot?
-
Copyright Vs. Creativity
Date published:August 24, 2012 -
Publicity rights up in the air
Date published:July 23, 2012The current crop of cases are an important opportunity for an appellate standard, said Julie Ahrens, an attorney and associate director of the Fair Use Project at Stanford Law School. Ahrens filed an amicus brief supporting Electronic Arts in the Hart case on behalf of three nonprofit organizations, including the Digital Media Law Project, and 10 individual law professors. "We're looking for a clear, predictable rule that limits the application of publicity rights and protects free speech rights," Ahrens said.
Read the full story at the original publication link below. Read more » about Publicity rights up in the air
-
Christopher Sprigman on creativity without copyright
Date published:July 17, 2012
Pages
-
2/10: CIS Speaker Series - Andrew McLaughlin: How To Get A Job in Tech Policy (Past Event)
February 10, 2011Stanford Law SchoolAndrew is a lawyer (Harvard '94) who has worked as Deputy Chief Technology Officer of the U.S. in the Obama White House, Director of Global Public Policy at Google, Vice President and Chief Policy Officer at ICANN, Senior Fellow at the Berkman Center, and as a member of the litigation team that successfully challenged the Communications Decency Act before the Supreme Court in 1997.Please RSVP for this free event. Read more » about 2/10: CIS Speaker Series - Andrew McLaughlin: How To Get A Job in Tech Policy
-
5/19: EFF Geek Reading with Cory Doctorow (Past Event)
May 19, 2010San FranciscoJoin EFF for a fundraising event featuring award-winning writer Cory Doctorow. Cory will be reading from his newly released novel, For the Win. This is his first visit to the Bay Area in over a year, so don't miss your opportunity to hear him read from his ground-breaking new work. Read more » about 5/19: EFF Geek Reading with Cory Doctorow
-
5/6: Legal Frontiers in Digital Media (Past Event)
May 6, 2010Stanford Law SchoolFor more information and to register for this event please visit: http://mlrc-digitallaw.stanford.edu/
A joint conference of:
• Media Law Resource Center
• Stanford Law School Center for Internet & Society
• John S. Knight Journalism Fellowships at StanfordThis 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. Read more » about 5/6: Legal Frontiers in Digital Media
-
2/25: Wireside Chat with Lawrence Lessig (featuring Eclectic Method) (Past Event)
February 25, 2010Stanford Law SchoolThe Open Video Alliance is teaming up with the Harvard Berkman Center to deliver a global webcast of a talk by Lawrence Lessig. It's happening February 25th from 6:00 to 7:30 EST, live from Cambridge, MA. Along with the Cambridge event, OVA is hosting live webcast screenings around the world with special guests. The event hosted by the Stanford Fair Use Project will feature a live VJ mashup with Eclectic Method. Read more » about 2/25: Wireside Chat with Lawrence Lessig (featuring Eclectic Method)
Pages
-
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
-
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)
-
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