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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Published Works
By Elizabeth Townsend Gard • September 24, 2004 at 10:34 am
Published Works
Legal and Policy Responses to the Disappearing "Teacher Exception" or Copyright Ownership in the 21st Century University, 4 MINN. INTELL. PROP. REV. 209 (2003) (available at mipr.umn.edu/archive/v4n2/townsend.pdf)
This article expores the historical changes in the presumption that teacher's own their copyrighted materials. It also gives specific suggestions on how teachers can retain copyright, if that is something they are concerned about. Read more » about Published Works
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Inside Digital Media - digital music issues
By Yuko Noguchi • April 3, 2004 at 11:16 pm
Regarding digital music issues, there is a website with a series of very good audio interviews, called Inside Digital Media. It includes interviews with people from RIAA, Apple regarding iTune and iPod, MusicMatch, Microsoft, among others. Read more » about Inside Digital Media - digital music issues
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Digital Hollywood conference
By Yuko Noguchi • April 3, 2004 at 3:16 am
3月29日から31日にかけて、Digital Hollywoodというカンファレンスに出席してきました。ハリウッドのお膝元で開催されるだけあって、映画・音楽・放送などの関係者、技術サイドの関係者などが集まり、パネルで意見交換をすると共に、新しい技術やビジネスの話題で盛り上がるなど、なかなか楽しく、かつ勉強になるイベントです。 実は、昨年も出席したのですが、今年、印象的だったのは、音楽業界の人たちが、オンラインビジネス成功1周年、を大きく掲げていたことです。AppleのiTuneが米国で本格的に立ち上がったのが2003年4月、その後今までに5000万曲がダウンロードされたと報告されています。 Read more » about Digital Hollywood conference
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Prof. Nakayama's article
By Yuko Noguchi • March 11, 2004 at 1:22 pm
中山教授が、8日の記事で、知的財産国家戦略の議論が、結論を急ぎすぎており、学会や消費者の意見をも考慮した充分な検討を欠いていると指摘されています。
権利の創設や制度改革などは、一度行うともとに戻すのは至難の業です。改革することは素晴らしいことですが、きちんとした議論のうえ、バランスのとれた制度を、という中山教授のご意見は非常に重要だと思います。 Read more » about Prof. Nakayama's article
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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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Why Can’t We Take Pictures in Art Museums?
Date published:May 13, 2013"According to Julie Ahrens, a lawyer who specializes in issues of copyright and fair use at the Center for Internet and Society at Stanford University, a photograph of an artwork could be considered a “derivative work,” which is “potentially a violation of the copyright holder.”" Read more » about Why Can’t We Take Pictures in Art Museums?
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Analysis: 'Landmark' ruling says commentary not needed for fair use defense
Date published:April 26, 2013""It's likely a landmark decision on the issue of appropriation art and what you can do with the existing work," said Julie Ahrens, of the Stanford Law Center for Internet and Society." Read more » about Analysis: 'Landmark' ruling says commentary not needed for fair use defense
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Feed Me, See More
Date published:April 25, 2013"“The law has never required the kind of licensing that people have assumed is necessary,” says Julie Ahrens, director of copyright and fair use at Stanford University’s Center for Internet and Society." Read more » about Feed Me, See More
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Constitution USA with Peter Sagal
Date published:April 23, 2013CIS Director of Civil Liberties Jennifer Granick is interviewed in the PBS Show Constitution USA with Peter Sagal. Read more » about Constitution USA with Peter Sagal
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3D Printing: Is the Law Ready for the Future? (Past Event)
May 16, 2013Stanford Law School -
Legal Frontiers in Digital Media (Past Event)
May 16, 2013Stanford UniversityThis intensive event over two days is designed for lawyers and Web publishing professionals responsible for sorting out the emerging legal issues surrounding the distribution of content on digital platforms. Read more » about Legal Frontiers in Digital Media
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We Robot: Getting Down to Business (Past Event)
April 8, 2013Stanford Law SchoolThe program committee for We Robot: Getting Down To Business invites you to join us for the second annual robotics and the law conference to take place April 8 and 9 at Stanford Law School. This year’s event is focused on the immediate commercial prospects of robotics and will include panels and papers on a wide variety of topics, including: Read more » about We Robot: Getting Down to Business
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Fair Use: Now More than Ever (Past Event)
March 12, 2013South by Southwest (SXSW)Presenter: Julie Ahrens
Fair Use is an important doctrine allowing use of copyrighted works without the owner’s consent in certain situations. But documentary filmmakers and producers of online content under utilize the fair use doctrine in their work. The creation and circulation of information to the public, and public debate, is shaped and limited as a result. This session will explore the fundamentals of fair use, as well as what may and may not be permissible, best practices and new developments. Read more » about Fair Use: Now More than Ever
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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