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.
At long last, and after repeated mentions on my radio show and podcast, Hearsay Culture, I am pleased to announce that Hearsayculture.com is live. The webpage includes information about the current shows, audio for all previous shows, and the schedule, as well as information about the show generally. Although it is publicly available, the site is still in beta form. Please check the site out, and if you have any comments or suggestions, please let me know.
There is one thing about the 9th Circuit’s decision in Kahle v. Gonzales that I could not find any discussion about – namely, the international copyright law implications of the issue. The basics first. Article 5(2) of the Berne Convention provides:
The enjoyment and the exercise of these rights shall not be subject to any formality
Though the Court acknowledged that there had been a change from an opt-in to an opt-out system of copyright, the court held that because Eldred had resolved a “similar” claim, it would not “ignore the clear holding of Eldred” (about, apparently, not the same claim, but a “similar” claim.)
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.
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.
It is now received wisdom that a properly functioning democracy requires transparency and accountability — information shared with the public that allows the public to know what its government is doing. It is equally uncontroversial to say that social media allows for an unprecedented amount of informal but structured dissemination and analysis of information. Despite these two basic points, U.S. freedom of information law has failed to harness the power of these new social media networks and, more importantly, formats in a way that amplifies public knowledge of government information.
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.
"The Innovation Act isn't an ideal fix for the program patent system. "It's largely a measure to reform patent litigation, but it doesn't do enough to improve the quality of patents," says Daniel Nazer, an attorney with the Electronic Frontier Foundation, which would prefer to see software patents abolished."
"But critics argue that they’re harming innovation by filing frivolous lawsuits and making it difficult to create new products without fear of litigation. “This is a classic example of patents as an attack on innovation,” says Electronic Frontier Foundation staff attorney Daniel Nazer. “There’s nothing to suggest that this guy contributed anything to the [Bluetooth] technology we used today.”
"If the violator keeps torrenting material, the copyright holder can file a “John Doe” lawsuit. Basically, the company sues hundreds or thousands of IP addresses, and a court can then order a university to divulge the names of the individual users through a subpoena, according to professor Annemarie Bridy of the University of Idaho College of Law.
"Fenwick & West partner Andrew Bridges said clients Giganews and Livewire Services anticipate requesting about $650,000. Giganews is already asking for $6 million in attorney fees under the Copyright Act after winning summary judgment last fall. But Bridges said the sanctions order shines a light on the discovery conduct of a prominent copyright litigant that has settled many claims ahead of final judgments.
"No case has had a full picture of the way Perfect 10 conducts discovery," Bridges said."
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.
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
Prof. Edward Lee of Chicago-Kent Law School, author of The Fight for the Future: How People Defeated Hollywood and Saved the Internet — For Now.