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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SOPA/PIPA Copyright Bills Also Target American Sites
By Marvin Ammori • December 30, 2011 at 9:00 pm
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Controversial Copyright Bills Would Violate First Amendment--Letters to Congress by Laurence Tribe and Me
By Marvin Ammori • December 8, 2011 at 12:07 pm
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The ECJ's Scarlet Decision: No Broad Filtering Duty for European ISPs
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
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Stop Censorship: The Problems With SOPA
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 SOPA
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Golan v. Holder - Google, Inc. Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation Brief -
Golan v. Holder - ACLU Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation BriefAmerican Civil Liberties Union Supreme Court amicus brief in support of Petitioners. Read more » about Golan v. Holder - ACLU Supreme Court Amicus Brief in support of Golan
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Golan v. Holder - Public Domain Interests' Supreme Court Amicus Brief in support of Golan
Author(s):Jennifer UrbanPublication Date:June 21, 2011Publication Type:Litigation Brief -
Golan v. Holder - The Conductors Guild and The Music Library Association's Supreme Court Amicus Brief in support of Golan
Publication Date:June 20, 2011Publication Type:Litigation Brief
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Murphy v. Millennium Radio Group, LLC, Craig Carton and Ray Rossi
We filed an amicus brief 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, LLC, Craig Carton and Ray Rossi
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Bouchat v. Baltimore Ravens and NFL, et al.
We 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.
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Aguiar v. Webb
We defended a documentary filmmaker who was sued for copyright infringement for clips appearing in his documentary about Count Dante, an enigmatic, Chicago martial arts legend. Read more » about Aguiar v. Webb
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Vargas v. BT
We successfully defended Grammy-nominated American music producer, composer, and songwriter, Brain Transeau’s (better known by his stage name, BT), against spurious copyright infringement claims. Read more » about Vargas v. BT
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Jennifer Granick to Direct New Civil Liberties Initiative at Stanford Law School Center for Internet and Society
Date published:May 30, 2012Stanford Law School today announced the appointment of Jennifer Stisa Granick as Director of Civil Liberties at the Center for Internet and Society (CIS). Granick will lead the Center’s work at the intersection of online technologies and civil liberties, with a particular focus on cybersecurity, national security, government surveillance and free speech.
Read full story at the original publication link below. Read more » about Jennifer Granick to Direct New Civil Liberties Initiative at Stanford Law School Center for Internet and Society
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Postal Disservice: Could a Sculptor's Fight for Royalties From a Postage Stamp Change Copyright Law?
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Is Trademarking a Baby Name Going too Far?
Date published:May 17, 2012 -
It’s Tinkerers v. Hollywood as Copyright Office Mulls New Jailbreaking Rules
Date published:May 17, 2012“This is essentially like letting consumers open the hoods of their own cars,” said Marcia Hofmann, a staff attorney with the Electronic Frontier Foundation, which is asking for the hardware exemptions.
To read the full story read the original publication link below. Read more » about It’s Tinkerers v. Hollywood as Copyright Office Mulls New Jailbreaking Rules
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Copyright in the Digital Age - 16th Annual Stanford Technology Law Review Symposium (Past Event)
February 22, 2013Stanford Law SchoolFor more information please visit STLR's website. Read more » about Copyright in the Digital Age - 16th Annual Stanford Technology Law Review Symposium
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Memorial for Aaron Swartz in SF (Past Event)
January 24, 2013Internet Archive
Please join us as we gather to remember Aaron Swartz on the evening of Thursday, January 24th.Reception at 7:00pm - Memorial at 8:00pmat the Internet Archive300 Funston Avenue, San Francisco 94118 -
Four Factors In Search Of a Question: Anchoring Fair Use to Free Expression and Social Value (Past Event)
January 16, 2013Covington & Burling LLPFour 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
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CIS Speaker Series - Stopping SOPA: Copyright, Free Speech, and Popular Constitutionalism (Past Event)
November 15, 2012Stanford Law SchoolDuring 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
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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