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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BT: Case Summary
By Eric Chan • December 4, 2006 at 8:08 pm
The Clinic represents Brian Transeau against claims of copyright infringement in the Vargas v. Pfizer litigation in the Southern District of New York (Case No. 04 CV 9772 (WHP)). Mr. Transeau is an accomplished musician and a pioneer of the trance music genre who is better known by his stage name, BT. Read more » about BT: Case Summary
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Maxed Out
By Phillip Monk • December 4, 2006 at 3:23 pm
The "Maxed Out" issue involves determining if the creator of the documentary movie "Maxed Out" should expect to confront a trademark infringement claim under the Lanham Act concerning the use of the title. Read more » about Maxed Out
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The Battle over Metatagging in Germany is Over
By Zohar Efroni • December 4, 2006 at 7:12 am
Earlier this year the German Federal High Court held trademarks metatagging unlawful. The “impuls” holding (in German) available for download here. According to the full decision published recently, metatagging in the hidden source code of the web page is “trademark use” giving rise to infringement liability.
The Court further held that such use created likelihood of confusion (under a theory similar to the U.S. “initial interest confusion” doctrine), as the tag used by defendant was identical to the mark of plaintiff, both offering health insurance services. In other words, it did not matter that users could immediately be de-confused by clicking on defendant’s link and realizing that this is not where they had wanted to go. Read more » about The Battle over Metatagging in Germany is Over
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BT Tours With Thomas Dolby
By Shireen A. Barday • December 3, 2006 at 7:10 pm
On November 27th, BT and Thomas Dolby opened their “Sonic Duel for Virtual Supremacy” Tour at Red Devil in San Francisco. BT was kind enough to invite us, and the show was fantastic.
BT performed “This Binary Universe,” which you can listen to online at: thisbinaryuniverse.com.
Read more » about BT Tours With Thomas Dolby
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PROTECT IP Act (S.968) and Stop Online Privacy Act (H.R.3261)
Author(s):Marvin AmmoriPublication Date:December 8, 2011Publication Type:Regulatory FilingLetter to Congress explaining that proposed copyright legislation would violate the First Amendment and be struck down in court. Read more » about PROTECT IP Act (S.968) and Stop Online Privacy Act (H.R.3261)
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Cariou v. Prince - Amicus Brief
Author(s):Anthony FalzoneDaniel NazerJulie AhrensPublication Date:November 2, 2011Publication Type:Litigation BriefAmicus brief filed 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 - Amicus Brief
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A Legitimate Interest in Promoting the Progress of Science: Constitutional Constraints on Copyright Laws
Author(s):David OlsonPublication Date:October 13, 2011Publication Type:Academic WritingThe Supreme Court certified two questions in Golan v. Holder: (1) Does section 514 of the Uruguay Round Agreements Act (“URAA”) violate the Progress Clause of the Constitution? (2) Does the URAA violate the First Amendment? This Essay argues that section 514 violates the Progress Clause’s requirement that copyright laws “promote the Progress of Science.” This is because the statute bequeaths copyright status without in return achieving any net increase in the creation or dissemination of creative works. Read more » about A Legitimate Interest in Promoting the Progress of Science: Constitutional Constraints on Copyright Laws
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Golan v. Holder - Petitioners' Reply Brief
Author(s):Anthony FalzoneDaniel NazerJulie AhrensPublication Date:August 31, 2011Publication Type:Litigation BriefSupreme Court Reply Brief filed by Petitioners. Read more » about Golan v. Holder - Petitioners' Reply 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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Christopher Sprigman on creativity without copyright
Date published:July 17, 2012 -
Music artists claim website promoted infringement
Date published:July 17, 2012By Ben Adlin
"The First Amendment concerns jump right out at you," said Julie Ahrens, associate director of Stanford Law School's Fair Use Project. "This seems to limit the ability to talk about these products or describe what they do or how they work."
Read the full story at the original publication link below. Read more » about Music artists claim website promoted infringement
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Christopher Sprigman on creativity without copyright
Date published:July 17, 2012 -
The Growing Power of the Meme
Date published:June 14, 2012For the originator of a meme, legal protections are slim, and that’s the way it should be, says copyright attorney Anthony Falzone, executive director of the Fair Use Project at Stanford Law School. “If you’re the first person to do the video S- -t Girls Say, that doesn’t mean someone else can’t use the same idea with girls saying different stuff,” he says. “Just because you’re the first one to do something doesn’t mean you should be the only one to get to do it.”
Read the full publication at the original link below. Read more » about The Growing Power of the Meme
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5/9: CIS Speaker Series: Tim Wu discusses his new book THE MASTER SWITCH (Past Event)
May 9, 2011Stanford Law School, Room 290Tim Wu is an author, policy advocate and author of The Master Switch. He is a professor at Columbia Law School, the chairman of media reform organization Free Press, and is working for the FTC as a senior advisor. Wu was recognized in 2006 as one of 50 leaders in science and technology by Scientific American magazine, and in 2007 Wu was listed as one of Harvard's 100 most influential graduates by 02138 magazine. Read more » about 5/9: CIS Speaker Series: Tim Wu discusses his new book THE MASTER SWITCH
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5/2: CIS Speaker Series - A Defensive Patent License Proposal (Past Event)
May 2, 2011Stanford Law SchoolUpdated 5/10/2011
Check out pictures from the CIS Speaker Series Talk - A Defensive Patent License Proposal Read more » about 5/2: CIS Speaker Series - A Defensive Patent License Proposal
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4/27: Intellectual Property and Individual Liberty: Friends or Foes (Past Event)
April 27, 2011Stanford Law SchoolAnthony Falzone and Mark Schultz will debate whether significant developments in U.S. copyright law protects or violates individual freedom. Falzone, Executive Director of the Fair Use Project and a Lecturer in Law at Stanford Law School, will evaluate the affects of copyright law on freedom of expression, while Prof. Schultz will assess the affects of copyright law on the liberty of IP creators and owners. Professor Paul Goldstein will moderate. Professor Paul Goldstein will moderate. Lunch will be served. Hosted by the Stanford Federalist Society Read more » about 4/27: Intellectual Property and Individual Liberty: Friends or Foes
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4/25: Copyright, Remix and the Art of Collaborative Media: A conversation with Joseph Gordon-Levitt and Anthony Falzone (Past Event)
April 25, 2011Stanford Law SchoolUpdated April 27, 2011Check out photos from the Joseph Gordon-Levitt talk.
hitRECORD.org is a project Joseph Gordon-Levitt started almost five years ago. They have evolved into a professional open production company that creates and develops art and media collaboratively. Rather than just exhibiting and admiring each other's work as isolated individuals, they invite users to gather and collectively work on projects together. Read more » about 4/25: Copyright, Remix and the Art of Collaborative Media: A conversation with Joseph Gordon-Levitt and Anthony Falzone
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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