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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Megaupload: A Lot Less Guilty Than You Think
By Jennifer Granick • January 26, 2012 at 11:47 am
The recent Department of Justice decision to indict Megaupload for copyright infringement and related offenses raises some very thorny questions from a criminal law perspective. A few preliminaries: I’m responsible for the musings below, but I thank Robert Weisberg of Stanford Law School for taking the time to talk through the issues and giving me pointers to some relevant cases. Also, an indictment contains unproven allegations, and the facts may well turn out to be different, or to imply different things in full context.
DMCA SAFE HARBOR: BELIEVE IT AND IT WILL BECOME REAL: As a matter of criminal law, the discussion of whether Megaupload did what it needed to do to qualify for the DMCA Safe Harbor misses the point. Did they register an agent? Did they have a repeat infringer policy? These are all interesting CIVIL questions. But from a criminal law perspective, the important question is did Defendants BELIEVE they were covered by the Safe Harbor? This is because criminal infringement requires a showing of willfulness. The view of the majority of Federal Courts is that “willfulness” means a desire to violate a known legal duty, not merely the will to make copies. Read more » about Megaupload: A Lot Less Guilty Than You Think
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CIS Is Going Dark To Stop SOPA
By Anthony Falzone • January 17, 2012 at 10:45 am
A wave of opposition has crashed over the House's Stop Online Piracy Act (SOPA) and the Senate's Protect I.P. Act (PIPA) based on the tremendous threat they pose to free speech and innovation online. It appears the House may be poised to abandon SOPA after the White House issued a statement making clear it would not support the bill. But the Senate is still pressing ahead with PIPA's most dangerous provisions intact, including those that would force internet service providers to block access to entire sites through DNS blocking and other means that threaten both the universality and the security of the internet itself.
If this legislation passes -- in this version or another -- legitimate websites will be threatened. Some will disappear. Tomorrow, the CIS website will disappear (along with many others) to protest the misguided approaches SOPA and PIPA employ, and to demonstrate the threat they pose. We'll be back on Thursday. In the meantime, read up on the dangers these bills pose, and what you can do to make a difference.
If you want take your site down, here are some tools from CloudFlare and Webmonkey that make it easy. Read more » about CIS Is Going Dark To Stop SOPA
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SOPA/PIPA Copyright Bills Also Target American Sites
By Marvin Ammori • December 30, 2011 at 9:00 pm
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Controversial Copyright Bills Would Violate First Amendment--Letters to Congress by Laurence Tribe and Me
By Marvin Ammori • December 8, 2011 at 12:07 pm
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Megaupload Indictment Leaves Everyone Guessing - Part 2
Author(s):Anthony FalzoneJennifer GranickPublication Date:April 6, 2012Publication Type:Other WritingDaily/Journal Op/Ed
The first part of this article outlined the mechanics of the Megaupload website, and the novel questions of criminal inducement on which the government's indictment is premised. Here, we explore two more extensions of existing law on which the indictment is based, and the impact this prosecution is likely to have on Internet innovators and users alike. Read more » about Megaupload Indictment Leaves Everyone Guessing - Part 2
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Megaupload.com Indictment Leaves Everyone Guessing - Part 1
Author(s):Anthony FalzoneJennifer GranickPublication Date:March 15, 2012Publication Type:Other WritingDays after anti-piracy legislation stalled in Congress, the U.S. Department of Justice coordinated an unprecedented raid on the Hong Kong-based website Megaupload.com. New Zealand law enforcement agents swooped in by helicopter to arrest founder Kim Dotcom at his home outside of Auckland, and seized millions of dollars worth of art, vehicles and real estate. Six other Megaupload employees were also arrested. Meanwhile, the Justice Department seized Megaupload's domain names and the data of at least 50 million users worldwide. Read more » about Megaupload.com Indictment Leaves Everyone Guessing - Part 1
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The Social Layer of Freedom of Information Law
Author(s):David LevinePublication Date:March 1, 2012Publication Type:Academic WritingIt is now received wisdom that a properly functioning democracy requires transparency and accountability — information shared with the public that allows the public to know what its government is doing. It is equally uncontroversial to say that social media allows for an unprecedented amount of informal but structured dissemination and analysis of information. Despite these two basic points, U.S. freedom of information law has failed to harness the power of these new social media networks and, more importantly, formats in a way that amplifies public knowledge of government information. Read more » about The Social Layer of Freedom of Information Law
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Valuing Attribution and Publication in Intellectual Property
Author(s):Christopher SprigmanPublication Date:February 27, 2012Publication Type:Academic WritingThis is the third in a series of articles focusing on the experimental economics of intellectual property. In earlier work, we have experimentally studied the ways in which creators assign monetary value to the things that they create. That research has suggested that creators are subject to a systematic bias that leads them to overvalue their work. Read more » about Valuing Attribution and Publication in Intellectual Property
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Lang v. Morris
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. Read more » about Lang v. Morris
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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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Anonymous Plays Games With U.S. Sites
Date published:January 28, 2013"Kerr's proposals have been picked up and refined by the Electronic Frontier Foundation (EFF), in what calls "Aaron's Law." The group's suggestions have also been endorsed by Jennifer Granick, the director of civil liberties at the Stanford Center for Internet and Society, who described Kerr's initial efforts as "necessary but not sufficient."" Read more » about Anonymous Plays Games With U.S. Sites
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Will Disney Let You See This Movie?
Date published:January 23, 2013Randy Moore’s dark drama Escape From Tomorrow premiered this week at the Sundance Film Festival and quickly became one of the most buzzed-about oddities in Park City, Utah. Reviews have been mixed but unquestionably intriguing. There’s a chance, though, that the rest of us won’t be able to form our own opinions: Escape From Tomorrow was filmed without permission on location at Disney’s theme parks in Orlando, Fla., and Anaheim, Calif., and it unabashedly incorporates the familiar logos, characters, and theme-park images in a perverse dramatic narrative. Read more » about Will Disney Let You See This Movie?
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DVR Protections Invoked to Pause Associated Press
Date published:January 22, 2013The AP's argument is "unfounded and dangerous to innovation," according to the brief authored by Julie Ahrens, of Stanford Law School's Center for Internet & Society. Read more » about DVR Protections Invoked to Pause Associated Press
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Copyright suit pits Fair Use against unlicensed distribution
Date published:January 21, 2013
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Intellectual Property and Individual Liberty: Friends or Foes (Past Event)
March 8, 2012Stanford Law SchoolHosted 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.
Read more » about Intellectual Property and Individual Liberty: Friends or Foes
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Copyright and the Public Domain After Golan (Past Event)
March 1, 2012Live WebinarGolan v. Holder involves a challenge to the constitutionality of the 1994 Uruguay Round Agreements Act (URAA), which restored copyright in foreign works previously in the public domain under U.S. copyright law. The plaintiffs in the case have challenged the URAA as contravening both the "limited times" requirement and the First Amendment. In October 2011, the Supreme Court heard oral arguments in the case and is expected to issue a ruling before June 2012. Read more » about Copyright and the Public Domain After Golan
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CIS Speakers Series - Sonia Katyal (Past Event)
February 23, 2012Stanford Law SchoolRSVP for this free event today.
Contrabrand: Art, Advertising and Property in the Age of Corporate Identity Read more » about CIS Speakers Series - Sonia Katyal
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Stanford Technology Law Review Symposium 2012 - First Amendment Challenges in the Digital Age (Past Event)
February 10, 2012Stanford Law SchoolThe Symposium, co-sponsored by Stanford’s Center for Internet and Society, took place on Friday, February 10, 2012. Scholars and noted practitioners from across the country joined STLR to discuss current and emerging issues in First Amendment law and the Internet. Read more » about Stanford Technology Law Review Symposium 2012 - First Amendment Challenges in the Digital Age
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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