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 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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No Way Out But One
By Documentary Film Program • March 29, 2012 at 12:00 am
In 1994 Holly Collins became an international fugitive, hunted by the FBI after she grabbed her three children and went on the run. Holly felt she had no choice after a family court had dismissed her as crazy, ignored her children’s pleas, Holly’s broken nose, her son’s fractured skull, her daughter’s graphic pictures and mounds of medical evidence and gave full custody of Zackary and Jennifer to their abusive father. Holly came to believe she and the children had No Way Out But One. Read more » about No Way Out But One
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A Rosenhan Experiment for the PTO
By Daniel Nazer • March 8, 2012 at 12:49 pm
How accurate is the Patent and Trademark Office? Can its examiners tell good patents from bad? Read more » about A Rosenhan Experiment for the PTO
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Golan v. Holder - The Conductors Guild's Amicus Brief in support of Golan's Petition for a Writ of Certiorari
Publication Date:November 24, 2010Publication Type:Litigation Brief -
Golan v. Holder - Petition for a Writ of Certiorari
Author(s):Anthony FalzoneJulie AhrensPublication Date:October 20, 2010Publication Type:Litigation Brief -
Murphy v. Millennium Radio Group - Amicus Brief
Author(s):Anthony FalzoneJulie AhrensPublication Date:September 30, 2010Publication Type:Litigation BriefAmicus brief filed in the Third Circuit on behalf of Brave New Films urging affirmance of the district court’s finding of fair use and rejection of plaintiff’s DMCA claims. Read more » about Murphy v. Millennium Radio Group - Amicus Brief
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Bouchat v. Baltimore Ravens and NFL, et al. - Amicus Brief
Author(s):Anthony FalzoneJulie AhrensPublication Date:September 17, 2010Publication Type:Litigation BriefWe filed an amicus brief in the Fourth Circuit in support of the Baltimore Ravens and the NFL urging the Fourth Circuit to grant rehearing or rehearing en banc, after a divided panel ruled that the Raven’s incidental use of a copyrighted logo in historical game films was not a fair use. Read more » about Bouchat v. Baltimore Ravens and NFL, et al. - Amicus Brief
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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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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
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Alcohol in "Flight" puts trademark laws in focus
Date published:November 6, 2012"Trademark laws "don't exist to give companies the right to control and censor movies and TV shows that might happen to include real-world items," said Daniel Nazer, a resident fellow at Stanford Law School's Fair Use Project." Read more » about Alcohol in "Flight" puts trademark laws in focus
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Inspiration Is the Sincerest Form of Flattery
Date published:October 19, 2012 -
Indicted Megaupload founder plans site reboot
Date published:October 11, 2012 -
Your right to resell your own stuff is in peril
Date published:October 7, 2012“It would be absurd to say anything manufactured abroad can’t be bought or sold here,” said Marvin Ammori, a First Amendment lawyer and Schwartz Fellow at the New American Foundation who specializes in technology issues. Read more » about Your right to resell your own stuff is in peril
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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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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 -
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
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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)