Tony Falzone is the Deputy General Counsel at Pinterest, Inc.
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.
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.
Tony Falzone is the Deputy General Counsel at Pinterest, Inc.
Brett 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.
Lauren 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.
The FBI investigates a grizzly murder. You are a bank president. The murderer stored his phone book in your bank's safety deposit box, the code for which is encrypted with copyrighted proprietary software, before he committed the murder. The FBI demands that you provide it with the master code for the box, which can be used to unlock other boxes, too. You can give the FBI the code, but should you? Apple CEO Tim Cook is asking himself the same question, his answer is rightly "no."
E. TV Networks has filed copyright infringement claims in federal district court against Google and sixteen YouTube users. The targeted users sent DMCA counter-notices to YouTube following E. TV’s requested takedowns of videos containing copyrighted material from performances by rapper Chief Keef. The users named in the case come from countries around the world, including the UK, Poland, and Mexico, in addition to the United States.
"No digital trespassing! Violators will be sued. Survivors will be sued again!" Ever seen that sign? Not likely. That's because, technically, there is no law against digital trespassing per se. This occurs when your grandma's new universal remote control climbs over, figuratively speaking, the encryption security fence on copyrighted content, such as the software to her old garage opener, so as to enable communication between the new control and old garage door opener.
This article discusses the resistance to the Digital Revolution and the emergence of a social movement “resisting the resistance.” Mass empowerment has political implications that may provoke reactionary counteractions. Ultimately — as I have discussed elsewhere — resistance to the Digital Revolution can be seen as a response to Baudrillard’s call to a return to prodigality beyond the structural scarcity of the capitalistic market economy.
Since the enactment of the first safe harbours and liability exemptions for online intermediaries, market conditions have radically changed. Originally, intermediary liability exemptions were introduced to promote an emerging Internet market. Do safe harbours for online intermediaries still serve innovation? Should they be limited or expanded? These critical questions — often tainted by protectionist concerns — define the present intermediary liability conundrum. Apparently, safe harbours still hold, although secondary liability is on the rise.
Making Sense of the Recent Upheaval at the U.S. Copyright Office
The Recording Industry Association of America (RIAA) is at it again. In a joint open letter to Congress, it is leading a push by the music industry to rewrite Internet copyright law in ways similar to its advocacy of the infamous Stop Online Piracy Act (SOPA) of 2012. SOPA failed miserably in Congress. It was abandoned after more than 15 million Americans objected to the bill’s attempt to restrict Internet freedom as 115,000 websites staged a massive blackout online.
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.
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.
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.
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.
"Universal, which is represented by Sidley Austin and Munger, Tolles & Olson, argues that a takedown notice doesn’t require a fair use assessment. It also argues that Lenz never had standing to bring her suit because her video was restored to YouTube long before she went to court. Lenz “seeks only a symbolic vindication of a bare statutory right,” Sidley’s Mark Haddad wrote in Universal’s petition.
"That trend is likely to continue, said Annemarie Bridy, a University of Idaho law professor and expert in intellectual property and technology law. "Information is very valuable, and as more and more of the value in our economy is attributable to information and intellectual property, you would expect the control of that information to become more and more contested," Bridy said."
"EFF Staff Attorney Daniel Nazer said that the ruling was unsurprising, but pointed out that the decision does not give free reign to judges to issue pumped-up awards.
"EFF is glad to see that the Court emphasized that enhanced damages should still be reserved for the most egregious cases," Nazer told The Register.
"We agree with the concurrence that district courts should be cautious not to impose enhanced damages too often, especially where non-practicing entities send threat letters out to numerous small businesses.""
"Attorney Andrew Bridges with Fenwick & West said adjudication is the only fair way to handle accusations that can lead to being kicked off the Internet.
"Who decides who's an infringer? There's only one competent authority to decide who's an infringer and that's a court.
"Every motion picture studio and record label has been accused of copyright infringement at least three times. And I bet they would not like to have their Internet service terminated.
DPLA 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.
Come 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
Q & A with Garland Waller after the screening
The song “Happy Birthday” has a long, litigious history dating back to the 1930s. Every year, people spent millions in royalties to use the song, until a class action lawsuit was brought challenging whether the owner, Warner/Chappell Music, actually owned the copyright it so aggressively enforced. Elizabeth Townsend-Gard, Tulane School of Law professor specializing in copyright law, discusses the case of “Happy Birthday.”
CIS Affiliate Scholar David Levine interviews Prof. Andrea Matwyshyn of Northeastern University Law School, on the Digital Millennium Copyright Act (DMCA) and the Volkswagen fraud scandal.
Read or listen to the full interview at NPR.
NPR's Audie Cornish talks to Daniel Nazer of the Electronic Frontier Foundation about the impact of this ruling. An appeals court ruled the music used in the video was an instance of fair use.
AUDIE CORNISH, HOST:
When Stephanie Lenz saw her toddler jamming out in the kitchen to the Prince song "Let's Go Crazy," naturally she took a video and posted it to YouTube.
CIS Affiliate Scholar David Levine interviews Pedro Roffe of the International Centre for Trade and Sustainable Development and Prof. Xavier Seuba of the University of Strasbourg, co-editors of ACTA and the Plurilateral Enforcement Agenda.