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.
Today the Second Circuit Court of Appeals issued a long-awaited decision in favor of fair use in Cariou v. Prince. Reversing the district court’s finding of infringement, the Court held that Richard Prince’s use of Patrick Cariou’s photographs in 25 of his 30 Canal Series paintings was a fair use. The decision affirms an important tradition in modern art that relies on the appropriation of existing images to create highly expressive works with new meaning.
This has been a busy Internet law week. I'd like to sum up some of the more interesting developments:
Frederick Bouchat has been serially litigating against the NFL and the Baltimore Ravens organization for more than a decade.
American Civil Liberties Union Supreme Court amicus brief in support of Petitioners.
BRIEF OF AMICI CURIAE, INFORMATION SOCIETY PROJECT AT YALE LAW SCHOOL PROFESSORS AND FELLOWS, IN SUPPORT OF THE PETITIONERS
Public Domain Interests:
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.
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.
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.
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.
""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.
"Daniel Nazer, the Mark Cuban Chair to Eliminate Stupid Patents at the Electronic Frontier Foundation, a high-tech civil liberties group, is amused by Reben's project — but he's not so sure it's going to help.
"The patent office looks for prior art when they review patents," he says, "but they tend to look in pretty narrow domains like published technical journals. ... Part of our work is to try and get the patent office to look more broadly.""
"“The VENUE Act would make it harder for companies to file a suit in districts that don’t have meaningful connection to the suit,” Daniel Nazer, staff attorney with the Electronic Frontier Foundation and Mark Cuban Chair to Eliminate Stupid Patents, told the Southeast Texas Record. “This bill is really about making sure disputes are filed somewhere that makes sense.”"
Mid-winter meeting hosted by the Copyright Society. Six California-based associations promoting copyright law education and understanding are invited.
Anthony Falzone, Executive Director of the Fair Use Project, is par tof the panel: How Public is the Public Domain
Learn about the Center for Internet and Society. Come meet CIS and hear about our exciting work and ways to get involved. Learn about the Fair Use Project, Consumer Privacy Project, and more. Lunch will be provided. RSVP for this free event today.
Tim Wu is an author, policy advocate and author of The Master Switch. He is a professor at Columbia Law School, the chairman of media reform organization Free Press, and is working for the FTC as a senior advisor. Wu was recognized in 2006 as one of 50 leaders in science and technology by Scientific American magazine, and in 2007 Wu was listed as one of Harvard's 100 most influential graduates by 02138 magazine.
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.