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.
On Feb. 2, 2007, Rep. Rick Boucher (D., Va.) spoke at Stanford Law School as part of a speaker series sponsored by the Stanford Law and Policy Review ("SLPR"). This year, SLPR chose to sponsor a series of articles addressing "The Ethical Dimensions of Technology Policy". Their objective in soliciting articles was to broaden the scope of typical academic treatments of contemporary IP issues to uncover the important normative and ethical issues often swept under the rug in papers.
Professor Robert Merges has commented recently on the remix debate, making the point that present copyright law should not be fundamentally changed in order to accommodate the needs of DJs, remixers, mash-uppers and the like, who use snippets, cuts and elements of existing copyrighted material for their own productions.
We won an important victory over the Estate of James Joyce's motion to dismiss last week in Shloss v. Estate of James Joyce. The Estate had moved to dismiss our entire case, arguing that Professor Shloss could not sue for a declaratory judgment of her fair use right to use quotations from Joyce family members on her Website because the Estate had not made threats sufficient to cause Professor Shloss reasonable apprehension that the Estate would sue her if she published her Website.
In a decisive 20-page opinion, the Court found that Shloss had alleged ample reasons to fear being sued by the Estate regarding her Website.
For the past year I’ve tracked the series of Ocean Tomo Patent / IP Auctions. The third in the series occurs April 2007 in Chicago, and I just received the catalog. The catalog is divided into topical sections, including Web-Based Services, Business Methods/Data Systems, and Digital and Home Media.
I attended the first Ocean Tomo auction and was impressed with what they’re trying to accomplish, and the standards they are setting. Clearly they’ve been ironing out the kinks and better calibrating expectations.
Here’s what the group may find interesting:
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.
"Legal expert Andrew Bridges told CBS MoneyWatch said Slater isn’t the copyright owner because he didn’t have artistic control. “Copyright requires original creative expression of a work,” Bridges said."
""That's a very powerful threat to make to a fledgling company or a startup," says David Levine, a law professor at Elon University. "I'm concerned that you could have demand letters going not just to competitors but to anyone else." Levine first made those arguments in an open letter to Congress when the bill was introduced last year, together with 30 other law professors.
"Andrea Matwyshyn, law professor at Northeastern and Princeton Universities, says it’s not a done deal that the Copyright Office will oppose the proposed exemptions and that the office has been coming around recently to recognizing the need to examine code for safety purposes.
"“Something's likely to be fair use when there's no way it’s going to be a market substitute for the original. Nobody is going to watch this video instead of buying a Prince record,” said Daniel Nazer.
Nearly eight years after Lenz’s post, her case may be heading to trial.
“We wanted to set a precedent that companies can't ignore,” said Nazer. “Hopefully it will make it less likely that people will take down your legal content.”"
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