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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White House in Favor of Phone Unlocking! Now What?
By Jennifer Granick • March 5, 2013 at 3:15 pm
Yesterday, the White House declared "It's Time to Legalize Cell Phone Unlocking". The call was in immediate response to a petition with over 114,000 signatures on it, decrying the Librarian of Congress' decision last October to let lapse an exemption ensuring people who unlocked their phones would not be in violation of the anti-circumvention provisions of the Digital Millennium Copyright Act of 1998 (DMCA), Read more » about White House in Favor of Phone Unlocking! Now What?
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Call For Papers: Robotics and the Law Conference at Stanford Law School
By Ryan Calo • November 21, 2012 at 1:42 pm
The program committee of We Robot: Getting Down To Business invites submissions from legal scholars and roboticists to the second annual conference on robotics and the law, scheduled to take place April 8-9, 2013 at Stanford Law School. Read more » about Call For Papers: Robotics and the Law Conference at Stanford Law School
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Who owns a link? Google vs. European publishers...
By Christopher Sprigman • November 5, 2012 at 5:00 pm
We have a new post up on the Freakonomics blog about the dispute between Google and a group of European newspapers. Read more » about Who owns a link? Google vs. European publishers...
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Fair Use Prospers on Campus
By Daniel Nazer • October 19, 2012 at 2:42 pm
Last week’s decision in Authors Guild v. HathiTrust – upholding the Mass Digitization Project (MPD) – was a big victory for fair use. The MDP is a project where university libraries and Google have together digitized over 10 million books to allow for full-text searches, preservation, and access for people with print disabilities. When the Authors Guild sued for copyright infringement, HathiTrust defended the suit by arguing that the MDP is fair use.
Judge Baer upheld the MDP. His decision recognizes that the project is a massive public good: it is a tool for scholarship, prevents the loss of our cultural heritage, and provides unparalleled access for the visually impaired. Significantly, he found that these educational purposes are “transformational” in a way that supports fair use. Read more » about Fair Use Prospers on Campus
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Golan v. Holder - Tenth Circuit Court of Appeals Order
Publication Date:June 21, 2010Publication Type:Litigation BriefTenth Circuit Court of Appeals holding that the URAA does not violate our clients' First Amendment rights. Read more » about Golan v. Holder - Tenth Circuit Court of Appeals Order
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Salinger v. Colting, et al. - Second Circuit Opinion
Publication Date:April 30, 2010Publication Type:Litigation Brief -
First Amendment Based Copyright Misuse
Author(s):David OlsonPublication Date:March 24, 2010Publication Type:Academic Writing -
Vargas v. BT - Second Circuit Summary Order
Publication Date:November 5, 2009Publication Type:Litigation BriefThe Second Circuit affirmed the district court’s dismissal of the case on summary judgment and the award of $175,000 in attorneys' fees to BT. Read more » about Vargas v. BT - Second Circuit Summary Order
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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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Can You Trademark Your Pot?
Date published:August 27, 2012Kal Raustiala and Chris Sprigman, continuing their excellent blogging (soon to be in book form) about markets succeeding in absence of intellectual property, have taken a look at the question of whether or not different brands of marijuana can be covered by trademark. With the increasing legality of medical marijuana, it's not uncommon for different strands to get their own brands. However, as the two note, plant varieties cannot be trademarked, but you can build a brand on top of one. Read more » about Can You Trademark Your Pot?
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Copyright Vs. Creativity
Date published:August 24, 2012 -
Publicity rights up in the air
Date published:July 23, 2012The current crop of cases are an important opportunity for an appellate standard, said Julie Ahrens, an attorney and associate director of the Fair Use Project at Stanford Law School. Ahrens filed an amicus brief supporting Electronic Arts in the Hart case on behalf of three nonprofit organizations, including the Digital Media Law Project, and 10 individual law professors. "We're looking for a clear, predictable rule that limits the application of publicity rights and protects free speech rights," Ahrens said.
Read the full story at the original publication link below. Read more » about Publicity rights up in the air
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Christopher Sprigman on creativity without copyright
Date published:July 17, 2012
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Incendiary Movie Screening - SF (Past Event)
February 8, 2012San FranciscoIncendiary, a participant in our Documentary Film Program, is screening tomorrow in San Francisco.
Purchase tickets. Read more » about Incendiary Movie Screening - SF
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How Public is the Public Domain? - Copyright Society 2012 Mid-Winter Meeting (Past Event)
February 3, 2012Los AngelesMid-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 Read more » about How Public is the Public Domain? - Copyright Society 2012 Mid-Winter Meeting
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12/7 - What's Wrong with SOPA? (Past Event)
December 7, 2011Stanford Law School
RSVP for this free event today.
6:00pm Reception - Neukom Faculty Lounge - Neukom Building 7:00pm Panel - Room 290 - Law School Building Live streaming through UStream will be available and a final video recording will be available on our YouTube channel. Read more » about 12/7 - What's Wrong with SOPA? -
Meet the Center for Internet and Society (Past Event)
October 11, 2011Stanford Law SchoolLearn 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. Read more » about Meet the Center for Internet and Society
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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
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Mike Masnick - Hearsay Culture - Show #168 - KZSU-FM
August 10, 2012
CIS Affiliate Scholar David Levine interviews Mike Masnick of Techdirt. Read more » about Mike Masnick - Hearsay Culture - Show #168 - KZSU-FM