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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CIS Affiliates 2012-2014 Announced
By Center for Internet and Society • October 9, 2012 at 8:53 am
We are happy to announce the new 2012-2014 CIS Affiliates. The new affiliates are the following: Read more » about CIS Affiliates 2012-2014 Announced
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TVShack Extradition Case Tumbling as Seventh Circuit Holds Linking/Streaming is Lawful
By Jennifer Granick • August 7, 2012 at 9:54 am
Last week, the U.S. Department of Justice's (DOJ) criminal prosecution of British citizen Richard O'Dwyer for operating a site called TVShack hit what ought to be a major stumbling block. TVShack allows users to link to other computer servers that host television shows and movies. Clicking on the link will allow the user to watch those videos from those sites in a frame on TVShack. Read more » about TVShack Extradition Case Tumbling as Seventh Circuit Holds Linking/Streaming is Lawful
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How Copyright Law Censors Campaigns
By Daniel Nazer • July 19, 2012 at 4:44 pm
Once again, political campaign videos are being censored by copyright law. This time, Mitt Romney is the victim. Read more » about How Copyright Law Censors Campaigns -
The Humboldt Internet Law Clinic Launched
By Zohar Efroni • June 29, 2012 at 7:39 am
Anyone who has ever attended law school in the United States knows what legal clinics are about. In recent years, clinical work with students in law school settings has been gaining momentum worldwide. Law faculties in Europe, Southeast Asia, South America, Africa, India, Japan and Israel (to name a few) already incorporate clinical activities within the fabric of their more traditional curriculum. Some observers even speak of the emergence of a global movement. And yet, there is still a lot of work to be done. Even in Europe, some folks would assume that “legal clinics” are places where sick laws are being admitted to find cure to their maladies… In Germany, where I currently practice and teach, none of the few clinics around focuses on technology or Internet law. Read more » about The Humboldt Internet Law Clinic Launched
Location
Humboldt University Law School, BerlinGermanySee map: Google Maps
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Of Trademarks and Brands
Author(s):Tim GreenePublication Date:April 24, 2013Publication Type:Academic Writing"As Stacey Dogan noted in her recent review of Bob Bone’s Taking the Confusion Out of “Likelihood of Confusion”: Toward a More Sensible Approach to Trademark Infringement, trademark law is at a bit of a crossroads. Scholars increasingly question basic tenets of trademark law and seek explanations for our blinkered theories of trademarks. Among recent attempts at comprehensive trademark law frameworks, some are good, some great, some … not."
Read full Jotwell article. Read more » about Of Trademarks and Brands
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AP v. Meltwater Amicus Brief
Author(s):Julie AhrensPublication Date:January 18, 2013Publication Type:Litigation BriefThe Fair Use Project filed an amicus brief on behalf of the Electronic Frontier Foundation and Public Knowledge in AP v. Meltwater. Read more » about AP v. Meltwater Amicus Brief
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The Knockoff Economy: How Imitation Sparks Innovation
Author(s):Christopher SprigmanPublication Date:September 17, 2012Publication Type:Book -
Infrastructure: The Social Value of Shared Resources
Author(s):Brett FrischmannPublication Date:March 26, 2012Publication Type:Book
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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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Knockoff handbags, a big push to the fashion industry?
Date published:September 13, 2012 -
Must You Pay to Use Photos of Public Domain Artworks? No, Says a Legal Expert
Date published:September 12, 2012 -
Apple vs. Samsung: Is Copying Theft or Innovation?
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Apple vs. Samsung
Date published:August 29, 2012Chris Sprigman, professor of law at the University of Virginia, co-author of The Knockoff Economy: How Imitation Sparks Innovation,and CIS Affiliate Scholar discusses what Apple's latest victory against Samsung means for technological innovation in the future. Read more » about Apple vs. Samsung
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Copyright in the Digital Age - 16th Annual Stanford Technology Law Review Symposium (Past Event)
February 22, 2013Stanford Law SchoolFor more information please visit STLR's website. Read more » about Copyright in the Digital Age - 16th Annual Stanford Technology Law Review Symposium
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Memorial for Aaron Swartz in SF (Past Event)
January 24, 2013Internet Archive
Please join us as we gather to remember Aaron Swartz on the evening of Thursday, January 24th.Reception at 7:00pm - Memorial at 8:00pmat the Internet Archive300 Funston Avenue, San Francisco 94118 -
Four Factors In Search Of a Question: Anchoring Fair Use to Free Expression and Social Value (Past Event)
January 16, 2013Covington & Burling LLPFour Factors In Search Of a Question: Anchoring Fair Use to Free Expression and Social Value Read more » about Four Factors In Search Of a Question: Anchoring Fair Use to Free Expression and Social Value
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CIS Speaker Series - Stopping SOPA: Copyright, Free Speech, and Popular Constitutionalism (Past Event)
November 15, 2012Stanford Law SchoolDuring late 2011 and January 2012, millions of people protested the passage of the controversial copyright bill the Stop Online Piracy Act (SOPA) in Congress. The protests culminated in the largest online protest in the history of the Internet, with web giant Wikipedia and thousands of other websites going black in a day of self-censorship. In a few short months, the protesters achieved something remarkable: they defeated money, politicians, Hollywood, and the copyright lobby, all in the name of a “free and open Internet.” This talk with Professor Edward Lee, explains these grassroots movements as a form of popular constitutionalism. Courts didn't define speech rights. People did. And, in the end, it was the people's view of free speech that carried the day. Read more » about CIS Speaker Series - Stopping SOPA: Copyright, Free Speech, and Popular Constitutionalism
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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