Negative Liberty and What the First Amendment Ought to Be
By Marvin Ammori • February 3, 2012 at 2:00 pm
Cross posted from Marvin Ammori's post at Concurring Opinions. Read more » about Negative Liberty and What the First Amendment Ought to Be
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.
By Marvin Ammori • February 3, 2012 at 2:00 pm
Cross posted from Marvin Ammori's post at Concurring Opinions. Read more » about Negative Liberty and What the First Amendment Ought to Be
By Brett Frischmann • February 3, 2012 at 11:05 am
This post is cross-posted at Concurring Opinions, which is having a blog symposium on Marvin Ammori's excellent article on First Amendment Architecture. Next week, the Stanford Technology Law Review is holding its “First Amendment Challenges in the Digital Age” conference and one of the panels also will center on the piece. So it is getting a lot of attention!
... Read more » about Thoughts on Ammori's Free Speech Architecture and the Golan decision
By Documentary Film Program • January 31, 2012 at 1:02 pm
FOUR SURVIVORS, ONE TRUTH
THIS SHOULD NOT HAPPEN TO ANYONE Read more » about Beneath the Blindfold
By Documentary Film Program • January 31, 2012 at 12:59 pm
In 1991, Cameron Todd Willingham’s three daughters died in a Corsicana, Texas house fire. Tried and convicted for their arson murders, Willingham spent twelve years on death row, and was executed despite overwhelming expert criticism of the prosecution’s arson evidence. Today, Willingham's name has become a call for reform in the field of forensics and a rallying cry for the anti-death penalty movement; yet he remains an indisputable "monster" in the eyes of Texas Governor Rick Perry, who ignored the science that could have saved Willingham’s life. Read more » about INCENDIARY: The Willingham Case
Letter 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)
Amicus 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
The 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
Supreme Court Reply Brief filed by Petitioners. Read more » about Golan v. Holder - Petitioners' Reply Brief
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
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
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
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
"Fair use is a "very gray area," says Julie Ahrens, who runs the Fair Use Project at Stanford University's Center for Internet and Society. "There are lots of things that are not clear."" Read more » about Famed quotation isn't dead -- and could even prove costly
"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
CIS 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?
Copyright Law and Fair Use with Daniel Nazer, CIS Resident Fellow Read more » about Transformation, Copyright, and the Right of Publicity in the Digital Age
Join 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?
Watch a screening of Documentary Film Program participant, Our Summer in Tehran. Read more » about Screening of Our Summer In Tehran
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
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?
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
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