Tony Falzone is the Deputy General Counsel at Pinterest, Inc.
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.
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.
Tony Falzone is the Deputy General Counsel at Pinterest, Inc.
Brett 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.
Lauren 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.
This is a nice piece that describes the difference between the Google Book Project and the Internet Archive/Open Content Alliance Project to make book texts search-able.
Bottom line: Libraries are agreeing that the books Google scans in will only be available through Google's search index. The Internet Archive Project will make books it scans available through any search engine.
I received an email announcement from freeculture.org, "a diverse, non-partisan group of students and young people who are working to get their peers involved in the free culture movement," excerpted and html-ized (is that a word?) below:
Apple (computer) and Apple (records) announced
yesterday they had once again (finally?) resolved their trademark dispute, which dated back to the formation of the computer company in the 1970’s. Under the undisclosed terms of the new agreement, the computer company will be the “owner” of the Apple marks and license back to the music company the ones it uses (e.g., the green apple). And now, at last, iTunes will begin to sell Beatles songs.
I predicted last May that this would be the outcome of the lawsuit brought by the music company two years ago, but it didn’t take a genius to see what was coming.
This is the most important thing that has happened on the intellectual property front lately. Former Soviet president Gorbachev asks Microsoft's Bill Gates not to pursue IP litigation against a high school teacher in Perm who used pirated software in classroom because: - he is poor - he has dedicated his life to teaching - he was just using pirated software, but has not installed and/or downloaded it, - because the possible punishment (imprisonment is Siberia) is disproportionate.
Days after anti-piracy legislation stalled in Congress, the U.S. Department of Justice coordinated an unprecedented raid on the Hong Kong-based website Megaupload.com. New Zealand law enforcement agents swooped in by helicopter to arrest founder Kim Dotcom at his home outside of Auckland, and seized millions of dollars worth of art, vehicles and real estate. Six other Megaupload employees were also arrested. Meanwhile, the Justice Department seized Megaupload's domain names and the data of at least 50 million users worldwide.
The first part of this article outlined the mechanics of the Megaupload website, and the novel questions of criminal inducement on which the government's indictment is premised. Here, we explore two more extensions of existing law on which the indictment is based, and the impact this prosecution is likely to have on Internet innovators and users alike.
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.
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.
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.
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.
"Ask Andrew Bridges about government efforts to crack down on websites that post copyrighted material or to enlist Internet companies as copyright enforcers, and you may see his militant side. The Fenwick & West litigator is no fan of measures that restrict online expression in the name of intellectual property protection. And lately he's been winning those battles. After a Ninth Circuit panel ordered YouTube to take down an anti-Islamic video clip, Bridges fought the decision for clients including eBay Inc., Facebook Inc., Twitter Inc. and Yahoo Inc.
"David Levine, a law professor at Elon University, suggests that company executives work with IT staff to spot irregular computer use, which can flag things like flash drives going out the door. He also recommends other internal controls like limiting the distribution of sensitive documents to ensure information doesn’t lose its legal status as a trade secret.
MARIA A. PALLANTE
UNITED STATES REGISTER OF COPYRIGHTS AND DIRECTOR OF THE U.S. COPYRIGHT OFFICE
COMMITTEE ON THE JUDICIARY
United States House of Representatives
“THE REGISTER’S PERSPECTIVE ON COPYRIGHT REVIEW”
Affiliate Scholar Annemarie Bridy cited on the subject of DMCA reform on page 25 of the attached PDF.
"Google's program "has some terms that are favorable to Google, such as requiring an exclusive offer and agreeing that the offer won't serve as notice for willfulness purposes, but no one is being forced to offer their patents as part of this program," said Daniel Nazer, staff attorney at the Electronic Frontier Foundation.
The response likely "will be modest," he told the E-Commerce Times."
Golan v. Holder involves a challenge to the constitutionality of the 1994 Uruguay Round Agreements Act (URAA), which restored copyright in foreign works previously in the public domain under U.S. copyright law. The plaintiffs in the case have challenged the URAA as contravening both the "limited times" requirement and the First Amendment. In October 2011, the Supreme Court heard oral arguments in the case and is expected to issue a ruling before June 2012.
The Symposium, co-sponsored by Stanford’s Center for Internet and Society, took place on Friday, February 10, 2012. Scholars and noted practitioners from across the country joined STLR to discuss current and emerging issues in First Amendment law and the Internet.
View the YouTube video here.
The Visual and Critical Studies Copyright Forum features conversations around milestone copyright case studies of significance to artists, scholars, and critics. Moderated by Matteo Bittanti, the Copyright Forum introduces basic concepts of "fair use" policies and how best to navigate requesting permissions for work in a professional arts setting.
Copyright Forum moderated by CCA faculty Matteo Bittanti with special guests:
CIS Affiliate Scholar David Levine interviews Prof. Susan Sell of the Elliott School of International Affairs at The George Washington University on international relations and transparency.
Julie Ahrens, CIS Director of Copyright and Fair Use participated in a panel and workshop hosted by the Hoover Institution Library and Archives and conducted by Kenneth D. Crews titled Copyright, Fair Use, and the Academy: Research, Teaching, and Libraries.
View the full presentation here. (Silverlight required.)
Julie Ahrens talk on "Google Books and the Evolution of Fair Use" begins at 1:35.
Stanford Fair Use Project
K&L Gates LLP
Munger Tolles & Olsen LLP