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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Plaintiff's summary judgment motion
By Colette Vogele • April 27, 2005 at 3:24 pm
In February, Plaintiffs filed a summary judgment motion on the Copyright Clause claim. The motion has been fully briefed. Here is the Government's opposition, and Plaintiff's replybriefs. Read more » about Plaintiff's summary judgment motion
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RAM Caching (1): the nature of the problem
By Yuko Noguchi • April 20, 2005 at 5:44 am
文化庁が発表した「著作権法に関する今後の検討課題」のうち、まずは2.デジタル対応の(1)デジタル化時代に対応した権利制限の見直しについてみてみましょう。
検討課題は、「キャッシング等通信過程の効率化を目的とする複製、機器内で不可避的に生じる一時的な蓄積(複製)、機器の保守・修理に伴う複製等について、権利制限を拡大することに関して検討する。」としています。
これに対応して、文化審議会著作権分科会では、ワーキングチームを立ち上げて検討を始めました。 Read more » about RAM Caching (1): the nature of the problem
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Current Main Writing Projects
By Elizabeth Townsend Gard • January 17, 2005 at 2:29 am
Book-length projects
The Making of the Great War Generation (in progress)
A comparative biography reexamining the meaning of generation, with particular attention paid to gender and those not generally included in the canonized literature (although the canonized writers are very much part of the project.) Individuals discussed include Vera Brittain, Erich Maria Remarque, Edmund Blunden, Mary Lee, Malcolm Cowley, Ezra Pound, Agatha Christie, Dorothy Sayers, R.C. Sherriff, Robert Graves, and many, many others. Read more » about Current Main Writing Projects -
Chief Judge Babcock affirms rulings by Magistrate Judge Boland
By Colette Vogele • November 15, 2004 at 4:17 pm
Chief Judge Babcock today affirmed Magistrate Judge Boland's ruling in August in which he granted in part Plaintiff's 56(f) motion and denied the government's motion for a protective order to stay discovery. The order is short and to the point.
This brings to close a rather lengthy series of motions from the summer months. Currently, we are awaiting the government's reply on its summary judgment motion, and we are working to complete discovery. Read more » about Chief Judge Babcock affirms rulings by Magistrate Judge Boland
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Megaupload.com Indictment Leaves Everyone Guessing - Part 1
Author(s):Anthony FalzoneJennifer GranickPublication Date:March 15, 2012Publication Type:Other WritingDays after anti-piracy legislation stalled in Congress, the U.S. Department of Justice coordinated an unprecedented raid on the Hong Kong-based website Megaupload.com. New Zealand law enforcement agents swooped in by helicopter to arrest founder Kim Dotcom at his home outside of Auckland, and seized millions of dollars worth of art, vehicles and real estate. Six other Megaupload employees were also arrested. Meanwhile, the Justice Department seized Megaupload's domain names and the data of at least 50 million users worldwide. Read more » about Megaupload.com Indictment Leaves Everyone Guessing - Part 1
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Megaupload Indictment Leaves Everyone Guessing - Part 2
Author(s):Anthony FalzoneJennifer GranickPublication Date:April 6, 2012Publication Type:Other WritingDaily/Journal Op/Ed
The first part of this article outlined the mechanics of the Megaupload website, and the novel questions of criminal inducement on which the government's indictment is premised. Here, we explore two more extensions of existing law on which the indictment is based, and the impact this prosecution is likely to have on Internet innovators and users alike. Read more » about Megaupload Indictment Leaves Everyone Guessing - Part 2
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The Social Layer of Freedom of Information Law
Author(s):David LevinePublication Date:March 1, 2012Publication Type:Academic WritingIt is now received wisdom that a properly functioning democracy requires transparency and accountability — information shared with the public that allows the public to know what its government is doing. It is equally uncontroversial to say that social media allows for an unprecedented amount of informal but structured dissemination and analysis of information. Despite these two basic points, U.S. freedom of information law has failed to harness the power of these new social media networks and, more importantly, formats in a way that amplifies public knowledge of government information. Read more » about The Social Layer of Freedom of Information Law
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Valuing Attribution and Publication in Intellectual Property
Author(s):Christopher SprigmanPublication Date:February 27, 2012Publication Type:Academic WritingThis is the third in a series of articles focusing on the experimental economics of intellectual property. In earlier work, we have experimentally studied the ways in which creators assign monetary value to the things that they create. That research has suggested that creators are subject to a systematic bias that leads them to overvalue their work. Read more » about Valuing Attribution and Publication in Intellectual Property
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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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Internet memes: copyright licensing in an IP minefield
Date published:March 1, 2013"“A lot of his own original expression went into making that poster, notwithstanding the fact that he used an AP photograph as a reference,” says Julie Ahrens, director of copyright and fair use in Stanford Law School’s Center for Internet and Society, and a member of the Fair Use Project." Read more » about Internet memes: copyright licensing in an IP minefield
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Why the Rick Ross Case May Change Hip Hop
Date published:February 12, 2013"According to Julie Ahrens, director of Copyright and Fair Use at Stanford University's Center for Internet and Society, that's because such bandied-about issues as fair use, parody, and obscenity don't figure neatly with the suit and the parties involved." Read more » about Why the Rick Ross Case May Change Hip Hop
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Podcasters Prepare for War Against ‘Podcast Patent’ Owner Personal Audio
Date published:February 12, 2013"“We think Personal Audio's podcasting claims are a classic example of an over-broad software patent,” EFF staff attorney Daniel Nazer wrote in an email to Backstage." Read more » about Podcasters Prepare for War Against ‘Podcast Patent’ Owner Personal Audio
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Anonymous Plays Games With U.S. Sites
Date published:January 28, 2013"Kerr's proposals have been picked up and refined by the Electronic Frontier Foundation (EFF), in what calls "Aaron's Law." The group's suggestions have also been endorsed by Jennifer Granick, the director of civil liberties at the Stanford Center for Internet and Society, who described Kerr's initial efforts as "necessary but not sufficient."" Read more » about Anonymous Plays Games With U.S. Sites
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Intellectual Property and Individual Liberty: Friends or Foes (Past Event)
March 8, 2012Stanford Law SchoolHosted by the Federalist Society. More info about this event.
Anthony Falzone and Mark Schultz will debate whether significant developments in U.S. copyright law work to protect or violate individual freedom. Professor Paul Goldstein will moderate. Mr. Flazone is the Executive Director of the Fair Use Project with SLS's Center for Internet and Society. Mr. Schultz is a professor of law at Southern Illinois University School of Law, and his research focuses on the intersection of copyright and social norms.
Read more » about Intellectual Property and Individual Liberty: Friends or Foes
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Copyright and the Public Domain After Golan (Past Event)
March 1, 2012Live WebinarGolan v. Holder involves a challenge to the constitutionality of the 1994 Uruguay Round Agreements Act (URAA), which restored copyright in foreign works previously in the public domain under U.S. copyright law. The plaintiffs in the case have challenged the URAA as contravening both the "limited times" requirement and the First Amendment. In October 2011, the Supreme Court heard oral arguments in the case and is expected to issue a ruling before June 2012. Read more » about Copyright and the Public Domain After Golan
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CIS Speakers Series - Sonia Katyal (Past Event)
February 23, 2012Stanford Law SchoolRSVP for this free event today.
Contrabrand: Art, Advertising and Property in the Age of Corporate Identity Read more » about CIS Speakers Series - Sonia Katyal
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Stanford Technology Law Review Symposium 2012 - First Amendment Challenges in the Digital Age (Past Event)
February 10, 2012Stanford Law SchoolThe Symposium, co-sponsored by Stanford’s Center for Internet and Society, took place on Friday, February 10, 2012. Scholars and noted practitioners from across the country joined STLR to discuss current and emerging issues in First Amendment law and the Internet. Read more » about Stanford Technology Law Review Symposium 2012 - First Amendment Challenges in the Digital Age
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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
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Hamilton Bean - Hearsay Culture - Show #161 - KZSU-FM
May 14, 2012
This week, David Levine interviews Prof. Hamilton Bean of the University of Colorado Denver, author of the book No More Secrets: Open Source Information and the Reshaping of U.S. Intelligence. Read more » about Hamilton Bean - Hearsay Culture - Show #161 - KZSU-FM
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Is Your ISP Becoming A Copyright Cop? The Graduated Response Program and "Voluntary" Efforts to Police Online Infringement
May 7, 2012
In July 2012, several major internet access providers (including, very likely, yours) will roll out a new program supposedly intended to inhibit online infringement via peer top peer file-sharing networks. The program is a result of a deal, announced last year, between ISPs and big content providers to work together police online infringement, educate allegedly infringing subscribers and, if subscribers resist such education, take various steps including restricting their internet access. As always, the devil is in the details, and the details here are devilish indeed. EFF Intellectual Property Director Corynne McSherry outlined how the program will work and explained why subscribers might want to demand a reboot. Read more » about Is Your ISP Becoming A Copyright Cop? The Graduated Response Program and "Voluntary" Efforts to Police Online Infringement