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 working 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
-
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 -
The Humboldt Internet Law Clinic Launched
By Zohar Efroni • June 29, 2012 at 7:39 am
Anyone who has ever attended law school in the United States knows what legal clinics are about. In recent years, clinical work with students in law school settings has been gaining momentum worldwide. Law faculties in Europe, Southeast Asia, South America, Africa, India, Japan and Israel (to name a few) already incorporate clinical activities within the fabric of their more traditional curriculum. Some observers even speak of the emergence of a global movement. And yet, there is still a lot of work to be done. Even in Europe, some folks would assume that “legal clinics” are places where sick laws are being admitted to find cure to their maladies… In Germany, where I currently practice and teach, none of the few clinics around focuses on technology or Internet law. Read more » about The Humboldt Internet Law Clinic Launched
Location
Humboldt University Law School, BerlinGermanySee map: Google Maps -
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
Pages
-
PROTECT IP Act (S.968) and Stop Online Privacy Act (H.R.3261)
Author(s):Marvin AmmoriPublication Date:December 8, 2011Publication Type:Regulatory FilingLetter to Congress explaining that proposed copyright legislation would violate the First Amendment and be struck down in court. Read more » about PROTECT IP Act (S.968) and Stop Online Privacy Act (H.R.3261)
-
Cariou v. Prince - Amicus Brief
Author(s):Anthony FalzoneDaniel NazerJulie AhrensPublication Date:November 2, 2011Publication Type:Litigation BriefAmicus brief filed 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 - Amicus Brief
-
A Legitimate Interest in Promoting the Progress of Science: Constitutional Constraints on Copyright Laws
Author(s):David OlsonPublication Date:October 13, 2011Publication Type:Academic WritingThe Supreme Court certified two questions in Golan v. Holder: (1) Does section 514 of the Uruguay Round Agreements Act (“URAA”) violate the Progress Clause of the Constitution? (2) Does the URAA violate the First Amendment? This Essay argues that section 514 violates the Progress Clause’s requirement that copyright laws “promote the Progress of Science.” This is because the statute bequeaths copyright status without in return achieving any net increase in the creation or dissemination of creative works. Read more » about A Legitimate Interest in Promoting the Progress of Science: Constitutional Constraints on Copyright Laws
-
Golan v. Holder - Petitioners' Reply Brief
Author(s):Anthony FalzoneDaniel NazerJulie AhrensPublication Date:August 31, 2011Publication Type:Litigation BriefSupreme Court Reply Brief filed by Petitioners. Read more » about Golan v. Holder - Petitioners' Reply Brief
Pages
-
Vargas v. BT
We successfully defended Grammy-nominated American music producer, composer, and songwriter, Brain Transeau’s (better known by his stage name, BT), against spurious copyright infringement claims. Read more » about Vargas v. BT
-
Fairey v. The Associated Press
We represented visual artist Shepard Fairey in connection with the AP’s claim that his iconic “Hope” poster in support of President Obama’s campaign infringes the AP’s copyrights. We represented Fairey because we believe his artistic transformation of a news photograph to convey a political message fell within the protection of the fair use doctrine and presented an important example of why fair use is essential for free expression. Read more » about Fairey v. The Associated Press
-
Shloss v. Estate of Joyce
After the Estate of James Joyce refused to allow a scholar to quote Joyce in her book, we successfully defended her right under the fair use doctrine to use the quotes she needed to illustrate her scholarship. After we prevailed in the case, the Estate paid $240,000 of our client’s legal fees. Read more » about Shloss v. Estate of Joyce
-
Brave New Films v. Savage
After Original Talk Radio Network, the nationwide distributor of Michael Savage’s radio show, issued a takedown notice against a video critical of Savage’s portrayal of Muslims, we filed a lawsuit that convinced the company to withdraw its objections to our client’s film. Read more » about Brave New Films v. Savage
Pages
-
Comment: AP win in copyright ruling could put search startups at risk
Date published:March 22, 2013“What I find troubling about it is that she keeps distinguishing Meltwater versus ‘legitimate’ online search tools, but it’s not really clear what that definition is,” Julie Ahrens, director of copyright and fair use for the Stanford Law School’s Center for Internet & Society, told MLex in an interview Friday.
Download PDF of Mlex article. Read more » about Comment: AP win in copyright ruling could put search startups at risk
-
Internet memes: copyright licensing in an IP minefield
Date published:March 1, 2013"“A lot of his own original expression went into making that poster, notwithstanding the fact that he used an AP photograph as a reference,” says Julie Ahrens, director of copyright and fair use in Stanford Law School’s Center for Internet and Society, and a member of the Fair Use Project." Read more » about Internet memes: copyright licensing in an IP minefield
-
Why the Rick Ross Case May Change Hip Hop
Date published:February 12, 2013"According to Julie Ahrens, director of Copyright and Fair Use at Stanford University's Center for Internet and Society, that's because such bandied-about issues as fair use, parody, and obscenity don't figure neatly with the suit and the parties involved." Read more » about Why the Rick Ross Case May Change Hip Hop
-
Podcasters Prepare for War Against ‘Podcast Patent’ Owner Personal Audio
Date published:February 12, 2013"“We think Personal Audio's podcasting claims are a classic example of an over-broad software patent,” EFF staff attorney Daniel Nazer wrote in an email to Backstage." Read more » about Podcasters Prepare for War Against ‘Podcast Patent’ Owner Personal Audio
Pages
-
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
-
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
-
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
Pages
-
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
-
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