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 - The Conductors Guild's Amicus Brief in support of Golan's Petition for a Writ of Certiorari
Publication Date:November 24, 2010Publication Type:Litigation Brief -
Golan v. Holder - Petition for a Writ of Certiorari
Author(s):Anthony FalzoneJulie AhrensPublication Date:October 20, 2010Publication Type:Litigation Brief -
Murphy v. Millennium Radio Group - Amicus Brief
Author(s):Anthony FalzoneJulie AhrensPublication Date:September 30, 2010Publication Type:Litigation BriefAmicus brief filed in the Third Circuit on behalf of Brave New Films urging affirmance of the district court’s finding of fair use and rejection of plaintiff’s DMCA claims. Read more » about Murphy v. Millennium Radio Group - Amicus Brief
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Bouchat v. Baltimore Ravens and NFL, et al. - Amicus Brief
Author(s):Anthony FalzoneJulie AhrensPublication Date:September 17, 2010Publication Type:Litigation BriefWe filed an amicus brief in the Fourth Circuit in support of the Baltimore Ravens and the NFL urging the Fourth Circuit to grant rehearing or rehearing en banc, after a divided panel ruled that the Raven’s incidental use of a copyrighted logo in historical game films was not a fair use. Read more » about Bouchat v. Baltimore Ravens and NFL, et al. - Amicus Brief
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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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Christopher Sprigman on creativity without copyright
Date published:July 17, 2012 -
Music artists claim website promoted infringement
Date published:July 17, 2012By Ben Adlin
"The First Amendment concerns jump right out at you," said Julie Ahrens, associate director of Stanford Law School's Fair Use Project. "This seems to limit the ability to talk about these products or describe what they do or how they work."
Read the full story at the original publication link below. Read more » about Music artists claim website promoted infringement
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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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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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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