SOPA/PIPA Copyright Bills Also Target American Sites
By Marvin Ammori • December 30, 2011 at 9:00 pm
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.
By Marvin Ammori • December 30, 2011 at 9:00 pm
By Marvin Ammori • December 8, 2011 at 12:07 pm
By Zohar Efroni • November 24, 2011 at 12:51 pm
Per today's ruling, injunctions against European ISPs requiring them to apply filtering tools that monitor traffic to prevent copyright infringement officially violate EU law. The Scarlet decision puts a major stick in the wheel of wholesale copyright holders fighting against file sharing activities. With the expected implementation of the ACTA in mind, this ruling by the European Court of Justice (ECJ) will likely affect both prospective copyright legislation in Europe and offensive strategies of rights holders in their operations against intermediaries. Read more » about The ECJ's Scarlet Decision: No Broad Filtering Duty for European ISPs
By Julie Ahrens • November 16, 2011 at 3:13 pm
Today Congress held hearings on the latest IP legislation, the Stop Online Piracy Act (SOPA). We are taking part in American Censorship Day to help spread the word and stop this bill. We’ve outlined five of the most important problems with SOPA.
1. SOPA violates due process. Under SOPA, any private copyright or trademark owner can cut-off advertising and payments to any website by alleging that the operator “avoid[ed] confirming a high probability” that “a portion” of its site is being used to infringe copyrights. Advertisers and payment companies (e.g. Visa, Mastercard, and PayPal) are then required to stop doing business with that site. It seems likely that content owners (or people merely claiming to be content owners) will often succeed in shutting down websites without ever going to court. The proposed legislation also gives the Attorney General and the Justice Department the power to shut down websites before they are actually judged infringing. Courts will be able to order any Internet service provider to stop recognizing an accused site immediately upon application by the Attorney General, after an ex parte hearing. By failing to guarantee the challenged websites notice or an opportunity to be heard in court before their sites are shutdown, SOPA violates due process. Read more: Letter to Congress from over 100 law professors techdirt explains that SOPA would create the Great Firewall of America.
Read more » about Stop Censorship: The Problems With SOPASupreme Court brief for the Respondents. Read more » about Golan v. Holder - Respondents Brief
BRIEF AMICI CURIAE OF AMERICAN LIBRARY ASSOCIATION, ASSOCIATION OF COLLEGE AND RESEARCH LIBRARIES, ASSOCIATION OF RESEARCH LIBRARIES, UNIVERSITY OF MICHIGAN DEAN OF LIBRARIES, INTERNET ARCHIVE AND WIKIMEDIA FOUNDATION IN SUPPORT OF PETITIONERS Read more » about Golan v. Holder - American Library, et al. Supreme Court Amicus Brief in support of Golan
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
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
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
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
"The justification for creating temporary monopolies through patents and copyrights is that they encourage creative activity that would not otherwise take place. But Raustiala and Sprigman argue that imitation -- which music labels and movie studios often consider theft -- frequently stimulates creativity rather than discouraging it." Read more » about The Knockoff Economy: How Imitation Sparks Innovation
The Electronic Frontier Foundation hired Daniel Nazer as a staff attorney, the San Francisco-based digital rights advocacy group said in a statement. Read more » about Microsoft, Nokia, Black Rain: Intellectual Property
""It's not something you're legally required to do," says Daniel Nazer, a resident fellow at Stanford Law School's Fair Use Project. "There's a big distinction between the culture of the content industry and the law."" Read more » about Is That A Budweiser In Your Hand?: Product Placement, Booze, And Denzel Washington
"Fair use is a "very gray area," says Julie Ahrens, who runs the Fair Use Project at Stanford University's Center for Internet and Society. "There are lots of things that are not clear."" Read more » about Famed quotation isn't dead -- and could even prove costly
For more information please visit STLR's website. Read more » about Copyright in the Digital Age - 16th Annual Stanford Technology Law Review Symposium
Please join us as we gather to remember Aaron Swartz on the evening of Thursday, January 24th.Four 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
During 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
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
August 10, 2012
CIS Affiliate Scholar David Levine interviews Mike Masnick of Techdirt. Read more » about Mike Masnick - Hearsay Culture - Show #168 - 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
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