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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Second Circuit Victory for Richard Prince and Appropriation Art
By Julie Ahrens • April 25, 2013 at 6:12 pm
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. Read more » about Second Circuit Victory for Richard Prince and Appropriation Art
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A Big Week for News in Internet Policy
By Jennifer Granick • April 25, 2013 at 4:26 pm
This has been a busy Internet law week. I'd like to sum up some of the more interesting developments: Read more » about A Big Week for News in Internet Policy
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Fair Use Project, International Documentary Association, MPAA, and Film Independent Ask Fourth Circuit to Recognize Creators’ Interest in Repurposing Copyrighted Material for Historical Use
By Tim Greene • April 10, 2013 at 12:50 pm
Frederick Bouchat has been serially litigating against the NFL and the Baltimore Ravens organization for more than a decade. Bouchat continues to press his claims that the NFL and the Ravens cannot display in any context the original Ravens’ Flying B logo (the logo they used from 1996 through 1998, found to infringe Bouchat’s copyright in his Shield drawing). Read more » about Fair Use Project, International Documentary Association, MPAA, and Film Independent Ask Fourth Circuit to Recognize Creators’ Interest in Repurposing Copyrighted Material for Historical Use -
Here's How to Legalize Phone Unlocking
By Jennifer Granick • March 14, 2013 at 3:18 pm
In the wake of a public petition to allow people to unlock their cellphones for use on the wireless network of their choice, both the White House and the Federal Communications Commission came out in favor of a change in the law. Read more » about Here's How to Legalize Phone Unlocking
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Golan v. Holder - Plaintiffs' Opposition to Government's Motion for Summary Judgment
Author(s):Colette VogeleLawrence LessigPublication Date:November 4, 2004Publication Type:Litigation Brief -
Golan v. Holder - Government's Answer to the Second Amended Complaint
Publication Date:October 7, 2004Publication Type:Litigation Brief -
Golan v. Holder - Plaintiffs' Opposition to Defendant's Objection to the Ruling on Plaintiffs' 56(f) Motion
Author(s):Colette VogeleLawrence LessigPublication Date:September 16, 2004Publication Type:Litigation Brief -
Kahle v. Gonzales - Plaintiffs' Opposition to Government's Motion to Dismiss
Author(s):Christopher SprigmanJennifer GranickLawrence LessigPublication Date:September 7, 2004Publication Type:Litigation BriefDistrict Court proceeding. Read more » about Kahle v. Gonzales - Plaintiffs' Opposition to Government's Motion to Dismiss
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Gaylord v. U.S. Postal Service
We filed an amicus brief in the Federal Circuit on behalf of the Warhol Foundation and Warhol Museum, contemporary artists and law professors in support of the U.S. Postal Service, urging affirmance of the district court’s finding of fair use. Read more » about Gaylord v. U.S. Postal Service
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Rowling v. RDR Books
We defended the publisher of the Harry Potter Lexicon against suit from J.K. Rowling and Warner Brothers. Read more » about Rowling v. RDR Books
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Lennon v. Premise Media
Yoko Ono and EMI sued a documentary filmmaker for using a short clip from the John Lennon song “Imagine” as part of a critique of the lyrics of the song. We defended the filmmaker and successfully argued that the use of the copyrighted song was fair use. Read more » about Lennon v. Premise Media
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Kahle v. Gonzales
In this case, two archives challenged statutes that extended copyright terms unconditionally—the Copyright Renewal Act and the Copyright Term Extension Act (CTEA)—as unconstitutional under Copyright Clause and the First Amendment. Read more » about Kahle v. Gonzales
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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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5/9: CIS Speaker Series: Tim Wu discusses his new book THE MASTER SWITCH (Past Event)
May 9, 2011Stanford Law School, Room 290Tim 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. Read more » about 5/9: CIS Speaker Series: Tim Wu discusses his new book THE MASTER SWITCH
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5/2: CIS Speaker Series - A Defensive Patent License Proposal (Past Event)
May 2, 2011Stanford Law SchoolUpdated 5/10/2011
Check out pictures from the CIS Speaker Series Talk - A Defensive Patent License Proposal Read more » about 5/2: CIS Speaker Series - A Defensive Patent License Proposal
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4/27: Intellectual Property and Individual Liberty: Friends or Foes (Past Event)
April 27, 2011Stanford Law SchoolAnthony Falzone and Mark Schultz will debate whether significant developments in U.S. copyright law protects or violates individual freedom. Falzone, Executive Director of the Fair Use Project and a Lecturer in Law at Stanford Law School, will evaluate the affects of copyright law on freedom of expression, while Prof. Schultz will assess the affects of copyright law on the liberty of IP creators and owners. Professor Paul Goldstein will moderate. Professor Paul Goldstein will moderate. Lunch will be served. Hosted by the Stanford Federalist Society Read more » about 4/27: Intellectual Property and Individual Liberty: Friends or Foes
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4/25: Copyright, Remix and the Art of Collaborative Media: A conversation with Joseph Gordon-Levitt and Anthony Falzone (Past Event)
April 25, 2011Stanford Law SchoolUpdated April 27, 2011Check out photos from the Joseph Gordon-Levitt talk.
hitRECORD.org is a project Joseph Gordon-Levitt started almost five years ago. They have evolved into a professional open production company that creates and develops art and media collaboratively. Rather than just exhibiting and admiring each other's work as isolated individuals, they invite users to gather and collectively work on projects together. Read more » about 4/25: Copyright, Remix and the Art of Collaborative Media: A conversation with Joseph Gordon-Levitt and Anthony Falzone
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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
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Intermediary Liability on the Internet - Ashley Hurst - Audio
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 - Audio
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Prof. Chris Sprigman - Hearsay Culture - Show #173 - KZSU-FM
October 16, 2012
CIS Affiliate Scholar David Levine interviews Prof. of Virginia Law, co-author of The Knockoff Economy. Read more » about Prof. Chris Sprigman - Hearsay Culture - Show #173 - KZSU-FM
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Prof. Madhavi Sunder - Hearsay Culture - Show #172 - KZSU-FM
September 19, 2012
CIS Affiliate Scholar David Levine interviews Prof. Madhavi Sunder of UC Davis School of Law, author of From Goods to a Good Life: Intellectual Property and Global Justice. Read more » about Prof. Madhavi Sunder - Hearsay Culture - Show #172 - KZSU-FM