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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Golan v. Holder Argument Recap
By Anthony Falzone • October 11, 2011 at 3:16 pm
It was my great honor to argue for the petitioners in Golan v. Holder before the Supreme Court of the United States last week. SCOTUS blog has an excellent recap of the argument on its case page, and the Court has posted the transcript and audio recording.
Argument coverage from the New York Times, Wall Street Journal and Washington Post all point to Jimi Hendrix as the star of the show. Op / Ed pieces in the New York Times and the Huffington Post (here and here) do a nice job of explaining what's at stake.
Our synopsis of the case is here, along with all of the parties' briefs. We expect a decision by June. Read more » about Golan v. Holder Argument Recap
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The End of Satellite Decoders for Sports Broadcasting in Europe?
By Zohar Efroni • October 5, 2011 at 10:32 am
Not quite, but the UK-based Football Association Premier League (FAPL) will not be celebrating the ruling of the European Court of Justice (ECJ) on the subject from yesterday. Football Association Premier League Ltd et al. v. QC Leisure et al. bears the marks of a very significant milestone in the area of European copyright and broadcasting law. The decision tackles a number of key issues having a direct effect on the way sports associations generate revenues by selling broadcasting rights. Below is a summary of the main points concluded by a short observation. Read more » about The End of Satellite Decoders for Sports Broadcasting in Europe?
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Israeli court says no to forum selection clause in clickwrap agreement
By Omer Tene • September 19, 2011 at 2:55 pm
In a highly important decision, the Tel Aviv District Court annulled this week a forum selection clause in a clickwrap contract, holding the user was not sufficiently aware of the choice of foreign forum nor of the fact he was contracting with a foreign company; and has not clearly consented to such choice. Read more » about Israeli court says no to forum selection clause in clickwrap agreement
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UPDATED: Golan v. Holder Merits Brief Explains Why Congress Is Not Allowed To Privatize The Public Domain
By Anthony Falzone • September 6, 2011 at 3:02 pm
UPDATE: The government's brief and our reply are now posted below. Oral argument is scheduled for October 5. Today we filed our opening brief in the U.S. Supreme Court challenging Congress's power to remove works from the public domain. For 200 years, the Copyright Act placed a huge array of works into the public domain through a combination of term limits and eligibility requirements. It created a vast reservoir of knowledge, learning and artistic creativity that millions of us use every day. Since creating the public domain in 1790, Congress amended the Copyright Act again and again to cover new types of works and lengthen copyright terms. But each time it did so, it left the public domain completely intact. It respected the fact that the public domain is public property, and cannot not be taken away. That changed in 1994, when Congress passed a law that removed a vast body of foreign works from the public domain. This body of works included symphonies by Sergei Prokofiev, Igor Stravinksy and Dmitri Shostakovich; books by C.S. Lewis, Virginia Woolf and H.G. Wells; films by Federico Fellini, Alfred Hitchcock and Jean Renoir; and artwork by M.C. Escher and Pablo Picasso. The Register of Copyrights estimated the works affected by this law "probably number in the millions." Congress took the rights in these works from the American public and handed them over to foreign authors and their heirs in the express hope that foreign countries would reciprocate by giving U.S. copyright owners new rights in works that were in the public domains of those foreign countries. In other words, Congress decided to give away the public's property -- and the important speech and expression rights that go with it -- in the hope this might put more money in the pocket of U.S. copyright owners. In the brief we filed today, we explain why the Constitution does not allow Congress to privatize the public domain and why doing so here violated the First Amendment rights of our clients and the American public. We expect the Court to hear the case this fall, with a decision to follow several months later. Read more » about UPDATED: Golan v. Holder Merits Brief Explains Why Congress Is Not Allowed To Privatize The Public Domain
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Golan v. Holder - Respondents Brief
Publication Date:August 11, 2011Publication Type:Litigation BriefSupreme Court brief for the Respondents. Read more » about Golan v. Holder - Respondents Brief
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Golan v. Holder - Creative Commons Supreme Court Amicus Brief in support of Golan
Author(s):Lawrence LessigPublication Date:June 21, 2011Publication Type:Litigation Brief -
Golan v. Holder - Cato Instiute Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation Brief -
Golan v. Holder - Justice and Freedom Fund's Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation Brief
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Fairey v. The Associated Press
We represented visual artist Shepard Fairey in connection with the AP’s claim that his iconic “Hope” poster in support of President Obama’s campaign infringes the AP’s copyrights. We represented Fairey because we believe his artistic transformation of a news photograph to convey a political message fell within the protection of the fair use doctrine and presented an important example of why fair use is essential for free expression. Read more » about Fairey v. The Associated Press
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Shloss v. Estate of Joyce
After the Estate of James Joyce refused to allow a scholar to quote Joyce in her book, we successfully defended her right under the fair use doctrine to use the quotes she needed to illustrate her scholarship. After we prevailed in the case, the Estate paid $240,000 of our client’s legal fees. Read more » about Shloss v. Estate of Joyce
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Brave New Films v. Savage
After Original Talk Radio Network, the nationwide distributor of Michael Savage’s radio show, issued a takedown notice against a video critical of Savage’s portrayal of Muslims, we filed a lawsuit that convinced the company to withdraw its objections to our client’s film. Read more » about Brave New Films v. Savage
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Salinger v. Colting, et al.
We filed an amicus brief on behalf of a group of library associations and others asking the Second Circuit to reverse a lower court’s injunction of the publication of 60 Years Later: Coming through the Rye an unauthorized story based on J.D. Salinger’s in Catcher In The Rye. Read more » about Salinger v. Colting, et al.
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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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Legal Frontiers in Digital Media (Past Event)
May 21, 2012Stanford UniversityA joint conference of the Media Law Resource Center and the Center for Internet & Society.
This intensive two-day event is designed for lawyers and Web publishing professionals responsible for sorting out the emerging legal issues surrounding the distribution of content on digital platforms.
The conference will explore:
Content monetization and the mechanics and business models for digital media.
The operational side of social media.
Anonymity and social responsibility on the internet. Read more » about Legal Frontiers in Digital Media -
Is Your ISP Becoming A Copyright Cop? (Past Event)
May 3, 2012Room 95 - Stanford Law School
Is Your ISP Becoming A Copyright Cop? The Graduated Response Program and "Voluntary" Efforts to Police Online InfringementLunch time talk with Corynne McSherry - EFF Intellectual Property Director -
Digital Public Library of America - West (Past Event)
April 27, 2012San Francisco, caDPLA West—taking place on April 27, 2012 in San Francisco—is the second major public event bringing together librarians, technologists, creators, students, government leaders, and others interested in building a Digital Public Library of America. Convened by the DPLA Secretariat at the Berkman Center for Internet & Society and co-hosted by the San Francisco Public Library, the event will assemble a wide range of stakeholders in a broad, open forum to facilitate innovation, collaboration, and connections across the DPLA effort. DPLA West will also showcase the work of the interim technical development team and continue to provide opportunities for public participation in the work of the DPLA. Read more » about Digital Public Library of America - West
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Screening of No Way Out But One (Past Event)
April 22, 2012Larkspur, CACome see the Bay Area screening of Documentary Film Program participant No Way Out But One. This inspiring true story is about Holly Collins and her children—the first U.S. citizens to be awarded asylum by the Netherlands for protection from domestic violence.
Lark Theater, Larkspur, CA
$20 Donation
Q & A with Garland Waller after the screening Read more » about Screening of No Way Out But One
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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