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.
"Am I a crook?" A design client recently asked me this question about one its designs, and whether is was legally inspired by or stolen from other works. Of course, Jonathan Adler may consider my client a crook when it uses an edited, transformed, and artistically styled sample of his pillow design to create a custom-made wallpaper design for sale to the public. But would he be right? These days, it is getting harder to tell, but there are still guidelines that can help you navigate the sometimes murky waters separating inspiration from infringement.
Welcome news today from the U.S. Court of Appeals for the 9th Circuit.
The bright lines of the real property based view of copyright are being blurred by technology. In 1991, Mr. Biz Markee was found liable for infringing Mr. Gilbert O'Sullivan's copyright in his song, Alone Again (Naturally), when Mr. Markee used an unauthorized sample in his rap song entitled Alone Again. Had Mr. Markee used Mr. O'Sullivan's song in a mash up, the result may have been different.
Recently, a jury found Mr. Ross Ulbricht guilty of running the black market website Silk Road. Many observers claim that the government's theory expanded liability for third parties like Mr. Ulbricht online. As I mention in a recent GizMoto interview, the government's theory of liability wasn't new, but "whether the government obtained the evidence that they wish to use to prove this narrative . . .
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.
Digital technology has made culture more accessible than ever before. Texts, audio, pictures and video can easily be produced, disseminated, used and remixed using devices that are increasingly user-friendly and affordable. However, along with this technological democratization comes a paradoxical flipside: the norms regulating culture's use — copyright and related rights — have become increasingly restrictive. This book brings together essays by academics, librarians, entrepreneurs, activists and policy makers, who were all part of the EU-funded Communia project.
It 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.
This 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.
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.
"Speaking by phone to Law360, Nazer said Thursday he believed the disclaimer was directly linked to his post given the timing, and the fact that IBM filed the disclaimer after it was contacted by other media outlets.
“They file hundreds of other patents, so I guess they figured they could head off any criticism at the pass by dedicating it to the public," Nazer said."
"The "invention" represented in the '842 patent is starkly at odds with the real history of technology, accessible in this case via a basic Google search.
"The Internet Corporation for Assigned Names and Numbers (ICANN) is on an “ambivalent drift” into online content regulation through its contractual facilitation of a “trusted notifier” copyright enforcement program between the Motion Picture Association of America (MPAA) and the registry operators for two new generic top-level domains, University of Idaho College of Law Professor Annemarie Bridy says in a draft article for the Washington & Lee Law Review."
"Daniel Nazer, staff attorney at the Electronic Frontier Foundation and Mark Cuban Chair to Eliminate Stupid Patents, said in a phone interview with The Register, "There's a risk companies will increasingly turn to patent law to do things they're not otherwise allowed to do."
Nazer pointed to a shampoo maker that tried unsuccessfully to block the importation of a product into the US by asserting a copyright claim on the shampoo bottle label. He observed that a design patent claim could be employed in an attempt to achieve the same anti-competitive result.
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.
""Ideas, before you actually put them to work, are very vulnerable to stealing," said University of California, Hastings law professor Ben Depoorter. "We give protection to someone who can make good on that idea, and put it into a particular application, practice, expression, art form.
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.”
CIS Affiliate Scholar David Levine interviews Prof. Andrea Matwyshyn of Northeastern University Law School, on the Digital Millennium Copyright Act (DMCA) and the Volkswagen fraud scandal.
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.