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 working 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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Plaintiffs' Motion to Have the Court Reconsider Its Order to Have BT Recreate "Aparthenonia" and BT's Opposition to that Motion.
By Josh Davis • December 4, 2006 at 11:15 pm
After the Court reserved judgment on BT's summary judgment motion pending his recreation of "Aparthenonia" from scratch, plaintiffs moved to have the Court reconsider its decision under Local Rule 6.3. Plaintiffs argue that the Court did not have the authority to ask BT to recreate "Aparthenonia" and that in doing so the Court misconstrued or ignored the applicable law. Read more » about Plaintiffs' Motion to Have the Court Reconsider Its Order to Have BT Recreate "Aparthenonia" and BT's Opposition to that Motion.
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Plaintiffs' Opposition to Summary Judgment and BT's Response
By Josh Davis • December 4, 2006 at 10:36 pm
Plaintiffs' filed their opposition to BT's motion for summary judgment on October 12, 2006 (available here). Instead of arguing the issue of access, plaintiffs abandoned that argument and staked their entire case on the theory that "Aparthenonia" and "Bust Dat Groove" are so "strikingly similar" that access (and copying) can be inferred. Read more » about Plaintiffs' Opposition to Summary Judgment and BT's Response
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BT Moves for Summary Judgment
By Josh Davis • December 4, 2006 at 8:48 pm
On September 25, 2006, the Clinic and co-counsel at Kirkland Ellis moved for summary judgment on behalf of BT. The primary thrust of the motion centers on plaintiffs' failure to show any plausible theory of access to plaintiffs' work. Plaintiffs bear the burden of showing copying in order to succeed on their infringement action and--absent direct evidence of such copying--must be able to show access to that work. Read more » about BT Moves for Summary Judgment
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Group picture with BT at the Red Devil Lounge
By Eric Chan • December 4, 2006 at 8:26 pm
I don't know if a picture deserves its own post, but I guess I'm going to find out. Here's a group shot from last week's BT concert at the Red Devil Lounge in SF that Shireen blogged about earlier. I have been a BT fan since high school, so I was pretty psyched.
My full set of pictures from the event can be found on my Flickr page at:
http://flickr.com/photos/maveric2003/sets/72157594401446716/ Read more » about Group picture with BT at the Red Devil Lounge
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Golan v. Holder - Respondents Brief
Publication Date:August 11, 2011Publication Type:Litigation BriefSupreme Court brief for the Respondents. Read more » about Golan v. Holder - Respondents Brief
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Golan v. Holder - Heartland Angels, Inc. Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation Brief -
Golan v. Holder - Creative Commons Supreme Court Amicus Brief in support of Golan
Author(s):Lawrence LessigPublication Date:June 21, 2011Publication Type:Litigation Brief -
Golan v. Holder - Cato Instiute Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation Brief
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Lang v. Morris
Sarah Morris is a well-known multimedia artist and filmmaker. In 2007, she debuted her "Origami" series, 24 paintings in which she reworked, redesigned, and reshaped origami crease patterns on canvas. Several origami artists sued Morris for copyright infringement, arguing Morris had unduly appropriated their allegedly copyrightable origami crease patterns in developing the "Origami" series. The Fair Use Project teamed up with attorneys Bob Clarida and Donn Zaretsky to defend Morris. We briefed the fair use issues on summary judgment. Read more » about Lang v. Morris
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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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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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Will Disney Let You See This Movie?
Date published:January 23, 2013Randy Moore’s dark drama Escape From Tomorrow premiered this week at the Sundance Film Festival and quickly became one of the most buzzed-about oddities in Park City, Utah. Reviews have been mixed but unquestionably intriguing. There’s a chance, though, that the rest of us won’t be able to form our own opinions: Escape From Tomorrow was filmed without permission on location at Disney’s theme parks in Orlando, Fla., and Anaheim, Calif., and it unabashedly incorporates the familiar logos, characters, and theme-park images in a perverse dramatic narrative. Read more » about Will Disney Let You See This Movie?
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DVR Protections Invoked to Pause Associated Press
Date published:January 22, 2013The AP's argument is "unfounded and dangerous to innovation," according to the brief authored by Julie Ahrens, of Stanford Law School's Center for Internet & Society. Read more » about DVR Protections Invoked to Pause Associated Press
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Copyright suit pits Fair Use against unlicensed distribution
Date published:January 21, 2013
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Protect Your Rights: Fair Use - NYC Documentary Film Festival (Past Event)
November 14, 2012IFC CenterExpected to Attend: Peter Jaszi (Glushko-Samuelson Intellectual Property Law Clinic, American University Washington College of Law), Julie Ahrens (Center for Internet & Society, Stanford Law School), Dan Satorius (moderator). Read more » about Protect Your Rights: Fair Use - NYC Documentary Film Festival
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Meet the Center for Internet and Society 2012 (Past Event)
October 17, 2012Stanford Law SchoolCome meet CIS and hear about our exciting work and ways to get involved. Read more » about Meet the Center for Internet and Society 2012
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ONA12 Law School for Digital Journalists (Past Event)
September 20, 2012Hyatt Regency, San FranciscoThe Online News Association, in conjunction with the UNC Center for Media Law & Policy, the Stanford Law School Center for Internet & Society and the UC Berkeley Graduate School of Journalism, presents the Third Annual Law School for Digital Journalists, part of the Thursday Workshops at ONA’s 2012 Conference & Awards Banquet, Sept. 20-23. Read more » about ONA12 Law School for Digital Journalists
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Smashing the Future for Fun and Profit (Past Event)
July 25, 2012Las Vegas, NVHas it really been 15 years? Time really flies when keeping up with Moore's law is the measure. In 1997, Jeff Moss held the very first Black Hat. He gathered together some of the best hackers and security minds of the time to discuss the current state of the hack. A unique and neutral field was created in which the security community--private, public, and independent practitioners alike—could come together and exchange research, theories, and experiences with no vendor influences. That idea seems to have caught on. Jeff knew that Black Hat could serve the community best if it concentrated on finding research by some of the brightest minds of the day, and he had an uncanny knack for finding them. Read more » about Smashing the Future for Fun and Profit
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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
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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