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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Workshop on Commons Theory for Young Scholars
By Stefan Bechtold • November 22, 2006 at 2:28 pm
In May 2007, the Max Planck Institute for Research on Collective Goods, in collaboration with Stanford's Center for Internet and Society, will hold a "Workshop on Commons Theory for Young Scholars". Larry Lessig and Tim Wu will provide feedback to presentations by young scholars (doctoral students, post-docs and assistant professors). Read more » about Workshop on Commons Theory for Young Scholars
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Victory in Anti-Circumvention Proceedings
By Jennifer Granick • November 22, 2006 at 1:16 pm
Today, the Copyright Office issued new rules allowing people to circumvent technological protection measures on their cell phones in order to be able to switch carriers and use the phone on a different network.
Background: Read more » about Victory in Anti-Circumvention Proceedings
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Lessig to Argue Kahle Case
By Lauren Gelman • November 7, 2006 at 5:05 pm
Lessig will argue at the Appeal in Kahle v. Ashcroft at 9AM November 13, 2006. A post by the Plaintiff Brewster Kahle. Read more » about Lessig to Argue Kahle Case
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Golan v. Gonzales Briefed And Argued In Tenth Circuit
By Anthony Falzone • September 4, 2006 at 9:52 pm
Golan v. Gonzales has been briefed and argued in the Tenth Circuit, and we are awaiting a decision. Government's brief is here. Read more » about Golan v. Gonzales Briefed And Argued In Tenth Circuit
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Golan v. Holder - Project Petrucci's Supreme Court Amicus Brief in support of Golan
Publication Date:June 20, 2011Publication Type:Litigation Brief -
Golan v. Holder - Peter Decherney's Supreme Court Amicus Brief in support of Golan
Publication Date:June 20, 2011Publication Type:Litigation Brief -
Golan v. Holder - Eagle Forum Education & Legal Defense Fund's Supreme Court Amicus Brief in support of Golan
Publication Date:June 17, 2011Publication Type:Litigation Brief -
Golan v. Holder - H. Tomas Gomez-Arostegui and Tyler T. Ochoa Supreme Court Amicus Brief in support of Golan
Publication Date:June 17, 2011Publication Type:Litigation Brief
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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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Christopher Sprigman on creativity without copyright
Date published:July 17, 2012 -
Christopher Sprigman on creativity without copyright
Date published:July 17, 2012 -
The Growing Power of the Meme
Date published:June 14, 2012For the originator of a meme, legal protections are slim, and that’s the way it should be, says copyright attorney Anthony Falzone, executive director of the Fair Use Project at Stanford Law School. “If you’re the first person to do the video S- -t Girls Say, that doesn’t mean someone else can’t use the same idea with girls saying different stuff,” he says. “Just because you’re the first one to do something doesn’t mean you should be the only one to get to do it.”
Read the full publication at the original link below. Read more » about The Growing Power of the Meme
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If You've Ever Sold a Used iPod, You May Have Violated Copyright Law
Date published:June 8, 2012CIS Affiliate Scholar Marvin Ammori's latest article for The Atlantic.
The Supreme Court will soon hear a case that will affect whether you can sell your iPad -- or almost anything else -- without needing to get permission from a dozen "copyright holders." Here are some things you might have recently done that will be rendered illegal if the Supreme Court upholds the lower court decision: Read more » about If You've Ever Sold a Used iPod, You May Have Violated Copyright Law
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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 - 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