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 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
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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
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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 -
Fair Use during submittal of prior art during patent prosecution: John Wiley & Sons v. McDonnell Boehnen
By Stuart Soffer • April 24, 2012 at 11:06 am
Dennis Crouch today reports on John Wiley & Sons v. McDonnell Boehnen Hulbert & Berghoff. The crux of this case concerns the disclosing and submitting material prior art to the patent office during patent prosecution. When this material consists of copyrighted articles like academic journals, problems may arise when subsequent copies are distributed within the law firm, retaining file copies, distribution of pdf’s, and use by a government agency. Read more » about Fair Use during submittal of prior art during patent prosecution: John Wiley & Sons v. McDonnell Boehnen
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Infrastructure: The Social Value of Shared Resources
By Brett Frischmann • April 2, 2012 at 12:20 pm
I am excited to announce that Oxford University Press has published my book, Infrastructure: The Social Value of Shared Resources. It has been almost a decade in the making, and I owe a debt of gratitude to the CIS community, especially Barbara van Schewick and Larry Lessig, for support along the way. I will post more about the book in the next few weeks, but here are some links and a short abstract: Read more » about Infrastructure: The Social Value of Shared Resources
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Golan v. Holder - Project Petrucci's Supreme Court Amicus Brief in support of Golan
Publication Date:June 20, 2011Publication Type:Litigation Brief -
Golan v. Holder - Peter Decherney's Supreme Court Amicus Brief in support of Golan
Publication Date:June 20, 2011Publication Type:Litigation Brief -
Golan v. Holder - Professor Daniel J. Gervais Supreme Court Amicus Brief in support of Golan
Publication Date:June 17, 2011Publication Type:Litigation Brief -
Golan v. Holder - Eagle Forum Education & Legal Defense Fund's Supreme Court Amicus Brief in support of Golan
Publication Date:June 17, 2011Publication Type:Litigation Brief
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Salinger v. Colting, et al.
We filed an amicus brief on behalf of a group of library associations and others asking the Second Circuit to reverse a lower court’s injunction of the publication of 60 Years Later: Coming through the Rye an unauthorized story based on J.D. Salinger’s in Catcher In The Rye. Read more » about Salinger v. Colting, et al.
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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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Constitution USA with Peter Sagal
Date published:April 23, 2013CIS Director of Civil Liberties Jennifer Granick is interviewed in the PBS Show Constitution USA with Peter Sagal. Read more » about Constitution USA with Peter Sagal
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Why Hollywood Studios Care About the NFL's Baltimore Ravens Logo
Date published:April 9, 2013The MPAA says that if an artist suing the league is victorious at an appeals court, it could raise problems for movies containing logos, signs, billboards and other copyrighted works. Read more » about Why Hollywood Studios Care About the NFL's Baltimore Ravens Logo
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Ravens Logo Appeal Threatens Filmmaker Rights, MPAA Says
Date published:April 9, 2013Julie Ahrens, an attorney for the amici, noted Tuesday that the MPAA, the International Documentary Association and Film Independent aren't always necessarily on the same side of the fair use issue. The fact that they all teamed up in this case testifies to the importance of the kind of uses that could be affected by the appeals court's ruling, as well as the well-settled state of the legal precedent in this area, she said.
“We don't want the Fourth Circuit to jeopardize that case law,” she told Law360. Read more » about Ravens Logo Appeal Threatens Filmmaker Rights, MPAA Says
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EFF patent lawyer rates lawyer-rating patent ‘terrible’
Date published:April 4, 2013""It's a terrible patent," says Daniel Nazer, a staff attorney for the Electronic Frontier Foundation and its exemplary Patent Busting Project. "It's a classic example of the patent office not doing a good job."" Read more » about EFF patent lawyer rates lawyer-rating patent ‘terrible’
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Searching for a Middle Ground: Can We Stop Online Piracy While Still Protecting Speech? (Past Event)
April 12, 2012UNC School of LawCIS Affiliate Scholar David Levine will be speaking on a panel at UNC about online privacy. Read more » about Searching for a Middle Ground: Can We Stop Online Piracy While Still Protecting Speech?
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Transformation, Copyright, and the Right of Publicity in the Digital Age (Past Event)
April 11, 2012Cogswell Polytechnical CollegeCopyright Law and Fair Use with Daniel Nazer, CIS Resident Fellow Read more » about Transformation, Copyright, and the Right of Publicity in the Digital Age
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SOPA, PIPA and Internet Freedom Where Do We Go From Here? (Past Event)
April 9, 2012Stanford Law SchoolJoin us for an evening conversation with CIS Executive Director of the Fair Use Project Anthony Falzone and Congressman Darrell Issa where they will discuss topics about SOPA, PIPA and internet freedom. Read more » about SOPA, PIPA and Internet Freedom Where Do We Go From Here?
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Screening of Our Summer In Tehran (Past Event)
April 3, 2012UC BerkeleyWatch a screening of Documentary Film Program participant, Our Summer in Tehran. Read more » about Screening of Our Summer In Tehran
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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."
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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 -
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