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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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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The ECJ's Scarlet Decision: No Broad Filtering Duty for European ISPs
By Zohar Efroni • November 24, 2011 at 12:51 pm
Per today's ruling, injunctions against European ISPs requiring them to apply filtering tools that monitor traffic to prevent copyright infringement officially violate EU law. The Scarlet decision puts a major stick in the wheel of wholesale copyright holders fighting against file sharing activities. With the expected implementation of the ACTA in mind, this ruling by the European Court of Justice (ECJ) will likely affect both prospective copyright legislation in Europe and offensive strategies of rights holders in their operations against intermediaries. Read more » about The ECJ's Scarlet Decision: No Broad Filtering Duty for European ISPs
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Stop Censorship: The Problems With SOPA
By Julie Ahrens • November 16, 2011 at 3:13 pm
Today Congress held hearings on the latest IP legislation, the Stop Online Piracy Act (SOPA). We are taking part in American Censorship Day to help spread the word and stop this bill. We’ve outlined five of the most important problems with SOPA.
1. SOPA violates due process. Under SOPA, any private copyright or trademark owner can cut-off advertising and payments to any website by alleging that the operator “avoid[ed] confirming a high probability” that “a portion” of its site is being used to infringe copyrights. Advertisers and payment companies (e.g. Visa, Mastercard, and PayPal) are then required to stop doing business with that site. It seems likely that content owners (or people merely claiming to be content owners) will often succeed in shutting down websites without ever going to court. The proposed legislation also gives the Attorney General and the Justice Department the power to shut down websites before they are actually judged infringing. Courts will be able to order any Internet service provider to stop recognizing an accused site immediately upon application by the Attorney General, after an ex parte hearing. By failing to guarantee the challenged websites notice or an opportunity to be heard in court before their sites are shutdown, SOPA violates due process. Read more: Letter to Congress from over 100 law professors techdirt explains that SOPA would create the Great Firewall of America.
Read more » about Stop Censorship: The Problems With SOPA
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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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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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Why Can’t We Take Pictures in Art Museums?
Date published:May 13, 2013"According to Julie Ahrens, a lawyer who specializes in issues of copyright and fair use at the Center for Internet and Society at Stanford University, a photograph of an artwork could be considered a “derivative work,” which is “potentially a violation of the copyright holder.”" Read more » about Why Can’t We Take Pictures in Art Museums?
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Analysis: 'Landmark' ruling says commentary not needed for fair use defense
Date published:April 26, 2013""It's likely a landmark decision on the issue of appropriation art and what you can do with the existing work," said Julie Ahrens, of the Stanford Law Center for Internet and Society." Read more » about Analysis: 'Landmark' ruling says commentary not needed for fair use defense
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Feed Me, See More
Date published:April 25, 2013"“The law has never required the kind of licensing that people have assumed is necessary,” says Julie Ahrens, director of copyright and fair use at Stanford University’s Center for Internet and Society." Read more » about Feed Me, See More
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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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CIS Introduction Meeting (Past Event)
September 28, 2009Stanford Law SchoolCome and meet the staff of CIS! Be introduced to our Documentary Film Program and Consumer Privacy Project.
Learn how to get involved with the Center for Internet and Society. Hear about the classes we are teaching and opportunities for students to work with us. Highlights include: Shepard Fairey v. The AP, WhatApp.org. Read more » about CIS Introduction Meeting
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6/12: Sixth Annual E-Commerce Best Practices Conference (Past Event)
June 12, 2009Stanford Law SchoolFor more information and to register please visit:
http://lst.stanford.edu/best_practices Read more » about 6/12: Sixth Annual E-Commerce Best Practices Conference -
5/14 & 5/15: Legal Frontiers in Digital Media (Past Event)
May 14, 2009Stanford Law SchoolPlease register at: http://publishingcourses.stanford.edu/legal-frontiers/
A joint conference of:
• Media Law Resource Center
• Stanford Publishing Courses
• Stanford Law School Center for Internet & SocietyA conference on emerging legal issues
surrounding digital publishing and content distribution Read more » about 5/14 & 5/15: Legal Frontiers in Digital Media -
5/11-5/13: 3rd Annual Tech Policy Summit (Past Event)
May 11, 2009Stanford Law SchoolTech Policy Summit is the only executive conference of its kind that brings together prominent leaders from the private and public sectors to examine critical policy issues impacting technology innovation and adoption in the United States and beyond.
<a data-cke-saved-href="" href="" http:="" events.techpolicycentral.com="" tps="" register.php"="">Registration is now open for the 3rd annual Tech Policy Summit, which will be held May 11-13, 2009 at the San Mateo Marriott hotel in the San Francisco Bay Area. Read more » about 5/11-5/13: 3rd Annual Tech Policy Summit
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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)
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Intermediary Liability on the Internet - Ashley Hurst - Video
November 6, 2012
The extent to which internet intermediaries such as Facebook and Google should be liable for unlawful content on the internet is currently facing a great deal of scrutiny in Europe. Like in the US, internet intermediaries in Europe are expected to assist in the prevention of copyright infringement. However, they do not have the wide protection against defamation and privacy claims provided by section 230 of the Communications Decency Act 1996 in the US. Over the last few years, they have therefore found themselves being named in lawsuits in respect of user-generated content. Read more » about Intermediary Liability on the Internet - Ashley Hurst - Video