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' Motion for Leave to Amend Complaint
Author(s):Colette VogeleLawrence LessigPublication Date:July 20, 2004Publication Type:Litigation Brief -
Golan v. Holder - Second Amended Complaint
Author(s):Colette VogeleLawrence LessigPublication Date:July 20, 2004Publication Type:Litigation Brief -
Golan v. Holder - Plaintiffs' Rule 56(f) Motion for Discovery
Author(s):Colette VogeleLawrence LessigPublication Date:July 12, 2004Publication Type:Litigation Brief -
Kahle v. Gonzales - Government's Motion to Dismiss
Publication Date:June 23, 2004Publication Type:Litigation BriefThe Government's Motion to Dismiss Plaintiffs' Amended Complaint in the District Court. Read more » about Kahle v. Gonzales - 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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Alcohol in "Flight" puts trademark laws in focus
Date published:November 6, 2012"Trademark laws "don't exist to give companies the right to control and censor movies and TV shows that might happen to include real-world items," said Daniel Nazer, a resident fellow at Stanford Law School's Fair Use Project." Read more » about Alcohol in "Flight" puts trademark laws in focus
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Inspiration Is the Sincerest Form of Flattery
Date published:October 19, 2012 -
Indicted Megaupload founder plans site reboot
Date published:October 11, 2012 -
Your right to resell your own stuff is in peril
Date published:October 7, 2012“It would be absurd to say anything manufactured abroad can’t be bought or sold here,” said Marvin Ammori, a First Amendment lawyer and Schwartz Fellow at the New American Foundation who specializes in technology issues. Read more » about Your right to resell your own stuff is in peril
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Protect Your Rights: Fair Use - NYC Documentary Film Festival (Past Event)
November 14, 2012IFC CenterExpected to Attend: Peter Jaszi (Glushko-Samuelson Intellectual Property Law Clinic, American University Washington College of Law), Julie Ahrens (Center for Internet & Society, Stanford Law School), Dan Satorius (moderator). Read more » about Protect Your Rights: Fair Use - NYC Documentary Film Festival
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Meet the Center for Internet and Society 2012 (Past Event)
October 17, 2012Stanford Law SchoolCome meet CIS and hear about our exciting work and ways to get involved. Read more » about Meet the Center for Internet and Society 2012
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ONA12 Law School for Digital Journalists (Past Event)
September 20, 2012Hyatt Regency, San FranciscoThe Online News Association, in conjunction with the UNC Center for Media Law & Policy, the Stanford Law School Center for Internet & Society and the UC Berkeley Graduate School of Journalism, presents the Third Annual Law School for Digital Journalists, part of the Thursday Workshops at ONA’s 2012 Conference & Awards Banquet, Sept. 20-23. Read more » about ONA12 Law School for Digital Journalists
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Smashing the Future for Fun and Profit (Past Event)
July 25, 2012Las Vegas, NVHas it really been 15 years? Time really flies when keeping up with Moore's law is the measure. In 1997, Jeff Moss held the very first Black Hat. He gathered together some of the best hackers and security minds of the time to discuss the current state of the hack. A unique and neutral field was created in which the security community--private, public, and independent practitioners alike—could come together and exchange research, theories, and experiences with no vendor influences. That idea seems to have caught on. Jeff knew that Black Hat could serve the community best if it concentrated on finding research by some of the brightest minds of the day, and he had an uncanny knack for finding them. Read more » about Smashing the Future for Fun and Profit
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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
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Francesca Coppa and Tisha Turk - Hearsay Culture - Show #167 - KZSU-FM
August 10, 2012
CIS Affiliate Scholar David Levine interviews Profs. Francesca Coppa of Muhlenberg College and Tisha Turk of the University of Minnesota at Morris on vidding. Read more » about Francesca Coppa and Tisha Turk - Hearsay Culture - Show #167 - KZSU-FM
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Daniel Margocsy - Hearsay Culture - Show #162 - KZSU-FM
May 14, 2012
This week, David Levine interviews Prof. Daniel Margocsy of Hunter College, co-editor of States of Secrecy, a forthcoming volume of the British Journal for the History of Science. Read more » about Daniel Margocsy - Hearsay Culture - Show #162 - KZSU-FM