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 - Professor Daniel J. Gervais Supreme Court Amicus Brief in support of Golan
Publication Date:June 17, 2011Publication Type:Litigation Brief -
Golan v. Holder - Merits Brief
Author(s):Anthony FalzoneDaniel NazerJulie AhrensPublication Date:June 14, 2011Publication Type:Litigation BriefSupreme Court brief for the Petitioners. Read more » about Golan v. Holder - Merits Brief
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First Amendment Architecture
Author(s):Marvin AmmoriPublication Date:March 23, 2011Publication Type:Academic Writing -
Vargas v. BT - District Court Oral Argument Transcript
Author(s):Anthony FalzonePublication Date:March 6, 2011Publication Type:Litigation BriefTranscript of oral argument held at the District Court. Read more » about Vargas v. BT - District Court Oral Argument Transcript
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Gaylord v. U.S. Postal Service
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
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Rowling v. RDR Books
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
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Lennon v. Premise Media
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
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Kahle v. Gonzales
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
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The Knockoff Economy: How Imitation Sparks Innovation
Date published:January 9, 2013"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
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Microsoft, Nokia, Black Rain: Intellectual Property
Date published:December 25, 2012The 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
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Is That A Budweiser In Your Hand?: Product Placement, Booze, And Denzel Washington
Date published:November 27, 2012""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
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Famed quotation isn't dead -- and could even prove costly
Date published:November 6, 2012"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
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2/10: CIS Speaker Series - Andrew McLaughlin: How To Get A Job in Tech Policy (Past Event)
February 10, 2011Stanford Law SchoolAndrew is a lawyer (Harvard '94) who has worked as Deputy Chief Technology Officer of the U.S. in the Obama White House, Director of Global Public Policy at Google, Vice President and Chief Policy Officer at ICANN, Senior Fellow at the Berkman Center, and as a member of the litigation team that successfully challenged the Communications Decency Act before the Supreme Court in 1997.Please RSVP for this free event. Read more » about 2/10: CIS Speaker Series - Andrew McLaughlin: How To Get A Job in Tech Policy
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5/19: EFF Geek Reading with Cory Doctorow (Past Event)
May 19, 2010San FranciscoJoin EFF for a fundraising event featuring award-winning writer Cory Doctorow. Cory will be reading from his newly released novel, For the Win. This is his first visit to the Bay Area in over a year, so don't miss your opportunity to hear him read from his ground-breaking new work. Read more » about 5/19: EFF Geek Reading with Cory Doctorow
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5/6: Legal Frontiers in Digital Media (Past Event)
May 6, 2010Stanford Law SchoolFor more information and to register for this event please visit: http://mlrc-digitallaw.stanford.edu/
A joint conference of:
• Media Law Resource Center
• Stanford Law School Center for Internet & Society
• John S. Knight Journalism Fellowships at StanfordThis 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. Read more » about 5/6: Legal Frontiers in Digital Media
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2/25: Wireside Chat with Lawrence Lessig (featuring Eclectic Method) (Past Event)
February 25, 2010Stanford Law SchoolThe Open Video Alliance is teaming up with the Harvard Berkman Center to deliver a global webcast of a talk by Lawrence Lessig. It's happening February 25th from 6:00 to 7:30 EST, live from Cambridge, MA. Along with the Cambridge event, OVA is hosting live webcast screenings around the world with special guests. The event hosted by the Stanford Fair Use Project will feature a live VJ mashup with Eclectic Method. Read more » about 2/25: Wireside Chat with Lawrence Lessig (featuring Eclectic Method)
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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
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Jennifer Holt - Hearsay Culture - Show #160 - KZSU-FM
April 23, 2012
A talk show on KZSU-FM, Stanford, 90.1 FM, hosted by Read more » about Jennifer Holt - Hearsay Culture - Show #160 - KZSU-FM
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SOPA, PIPA and Internet Freedom - Where Do We Go From Here? Audio
April 23, 2012
An evening conversation with CIS Executive Director of the Fair Use Project Anthony Falzone and Congressman Darrell Issa where they will discuss topics about SOPA, PIPA and internet freedom. Read more » about SOPA, PIPA and Internet Freedom - Where Do We Go From Here? Audio