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.
Yesterday, the Fair Use Project at the Center for Internet & Society and the Electronic Frontier Foundation jointly submitted a set of comments in response to the U.S. Department of Commerce’s Green Paper, Copyright Policy, Creativity, and Innovation in the Digital Economy.
On Tuesday, the Fair Use Project, along with the good folks at Bingham McCutchen LLP and Virginia Rutledge, filed a brief amici curiae on behalf of the Andy Warhol Foundation for the Visual Arts, Inc., and the Robert Rauschenberg Foundation in the Cariou v. Prince remand.
In recent months, some copyright holders, pharmaceutical companies, and state attorneys general have made allegations against Internet companies that help users find and share information. In short, they claim that because some users engage in copyright infringement, sell counterfeit products, or otherwise encourage potentially criminal activity on the Internet, the users’ Internet platforms should be held responsible for these misdeeds. That is, Google should be punished for any user’s copyright infringement on YouTube, Facebook for any user’s harassing post, and Twitter for any user’s slanderous tweet. According to the critics, that is, these companies should screen all users’ speech and take on the role of editors or publishers, rather than being open platforms for the speech of millions.
Former Panamanian strongman Manuel Noriega and actress Lindsay Lohan have at least one thing in common: Both recently filed high-profile lawsuits against video game makers, charging that their likenesses were used in games without their permission.
These suits may seem like acts of desperation by people now more notorious than famous, and a judge has already ruled against Noriega. But they are nevertheless extremely worrying.
When, in 2011, Oprah Winfrey asked Ralph Lauren how he “keeps reinventing,” Mr. Lauren answered: “You copy. Forty-five years of copying; that’s why I’m here.” Mr. Lauren, a Jewish kid from the Bronx who built a spectacular career reinterpreting the look of the old WASP aristocracy, was at least partly joking. But what made the quip funny was the fact that knockoffs are — and always have been — a pervasive part of fashion.
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.
We filed an amicus brief 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.
We 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.
We defended a documentary filmmaker who was sued for copyright infringement for clips appearing in his documentary about Count Dante, an enigmatic, Chicago martial arts legend.
"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.
"The type of claim Getty is making "failed in the United States in Perfect 10 v. Google," noted Ben Depoorter, Sunderland Chair at UC Hastings College of the Law.
The Ninth Circuit Court of Appeals held that Google's framing and hyperlinking as part of an image search engine constituted fair use because it was highly transformative.
""And there's no way this would be some kind of market substitute for the original Prince song", Electronic Frontier Foundation lawyer Daniel Nazer said. The channel did something similar after Michael Jackson died in 2009 and after Whitney Houston died in 2012."
"In an e-mail to Ars regarding the reconsideration request, EFF lawyer Daniel Nazer pointed out that Garfum already argued this application was relevant to its case, and that was rejected by the judge.
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.
Hosted by the Federalist Society. More info about this event.
Anthony Falzone and Mark Schultz will debate whether significant developments in U.S. copyright law work to protect or violate individual freedom. Professor Paul Goldstein will moderate. Mr. Flazone is the Executive Director of the Fair Use Project with SLS's Center for Internet and Society. Mr. Schultz is a professor of law at Southern Illinois University School of Law, and his research focuses on the intersection of copyright and social norms.
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.”
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.
CIS Affiliate Scholar David Levine interviews Elizabeth Townsend Gard of Tulane University Law School and Ron Gard of Limited Times LLC, on The Durationator, an online tool to determine whether any work of authorship is covered by copyright, and social entrepreneurship.