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 stints as General Counsel of entertainment company Worldstar Hip Hop and as counsel 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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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.
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Arguments in BT's Summary Judgment Motion
By Shireen A. Barday • December 3, 2006 at 7:06 pm
On November 3, the motion for summary judgment on behalf of Brian Transeau (BT) was argued before Hon. William H. Pauley, federal district court judge for the Southern District of New York.
Plaintiffs conceded BT had no access to the copyrighted work that they allege he copied. They therefore attempted to prove that BT’s work in “Aparthenonia” was so "strikingly similar" to plaintiffs’ work as to preclude the possibility of independent creation.
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An Encouraging Fair Use Decision From The Second Circuit
By Anthony Falzone • November 28, 2006 at 7:03 pm
Here is a very encouraging case from the Second Circuit Court of Appeals, Blanch v. Koons.
Visual artist Jeff Koons is no stranger to the courts. Specializing in what some call appropriation art, he borrows pop-culture images in order to comment on the culture that generates and consumes them. This has gotten him sued more than once. And he has lost more than once.
This time, he won. Although he admitted to scanning part of a photograph that appeared in Allure magazine and using it in his collage, Niagara, he did so precisely because it was a fashion magazine photograph -- and thus the subject and target of his commentary. The Court held that this was fair use largely because of the transformative nature of the work.
This case vindicates our right to borrow, use and transform the culture that surrounds us as an element of our own expression. This example happens to concern borrowing from visual art. But ask yourself this: if we can "sample" a fashion photograph in order to create something new and transformative, shouldn't we able to do likewise in other mediums? Music, for instance?
To view Niagara and the photograph used in it, click here. Read more » about An Encouraging Fair Use Decision From The Second Circuit
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Golan v. Holder - Reply in support of Petition for a Writ of Certiorari
Author(s):Anthony FalzoneJulie AhrensPublication Date:January 31, 2011Publication Type:Litigation Brief -
Golan v. Holder - Government's Opposition to Petition for a Writ of Certiorari
Publication Date:January 19, 2011Publication Type:Litigation Brief -
Sony v. Tenenbaum - Amicus Brief
Author(s):Anthony FalzoneJulie AhrensPublication Date:January 3, 2011Publication Type:Litigation BriefWe filed an amicus brief on behalf of the Electronic Frontier Foundation asking the First Circuit to affirm the district court’s reduced damages award in Sony v. Tenenbaum, a file-sharing case in which a jury originally ordered a college student to pay $675,000 for infringing copyright in 30 songs. Read more » about Sony v. Tenenbaum - Amicus Brief
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Golan v. Holder - Internet Archive's Amicus Brief in support of Golan's Petition for a Writ of Certiorari
Publication Date:November 29, 2010Publication Type:Litigation Brief
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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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Sony v. Tenenbaum
We filed an amicus brief on behalf of the Electronic Frontier Foundation asking the First Circuit to affirm the district court’s reduced damages award in Sony v. Tenenbaum, a file-sharing case in which a jury originally ordered a college student to pay $675,000 for infringing copyright in 30 songs. Read more » about Sony v. Tenenbaum
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Can You Trademark Your Pot?
Date published:August 27, 2012Kal Raustiala and Chris Sprigman, continuing their excellent blogging (soon to be in book form) about markets succeeding in absence of intellectual property, have taken a look at the question of whether or not different brands of marijuana can be covered by trademark. With the increasing legality of medical marijuana, it's not uncommon for different strands to get their own brands. However, as the two note, plant varieties cannot be trademarked, but you can build a brand on top of one. Read more » about Can You Trademark Your Pot?
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Copyright Vs. Creativity
Date published:August 24, 2012 -
Publicity rights up in the air
Date published:July 23, 2012The current crop of cases are an important opportunity for an appellate standard, said Julie Ahrens, an attorney and associate director of the Fair Use Project at Stanford Law School. Ahrens filed an amicus brief supporting Electronic Arts in the Hart case on behalf of three nonprofit organizations, including the Digital Media Law Project, and 10 individual law professors. "We're looking for a clear, predictable rule that limits the application of publicity rights and protects free speech rights," Ahrens said.
Read the full story at the original publication link below. Read more » about Publicity rights up in the air
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Christopher Sprigman on creativity without copyright
Date published:July 17, 2012
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2/2: Jonathan Band - The Path to Settlement in the Google Books Case (Past Event)
February 2, 2010Stanford Law SchoolJonathan Band graduated from Harvard College and Yale Law School. He was a partner at Morrison and Foerster in Washington DC for 13 years before starting his own legislative and appellate advocacy firm.Please join CIS and SLATA for a discussion of the terms in the amended settlement agreement in the Google Books case. Mr. Read more » about 2/2: Jonathan Band - The Path to Settlement in the Google Books Case
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1/11: RECAP the Law and the Movement to Free Government Records with Stephen Schultze (Past Event)
January 11, 2010Stanford Law SchoolStephen Schultze is Associate Director at the Center for Information Technology Policy at Princeton University. He comes most recently from the Berkman Center for Internet and Society at Harvard. His research focuses on government transparency, telecoms policy, and open source. He holds an M.S. from MIT’s Comparative Media Studies program and a B.A. in Computer Science.Join us for a talk on “RECAP the Law and the Movement to Free Government Records” given by Stephen Schultze, Associate Director at the Center for Information Technology Policy at Princeton University. Read more » about 1/11: RECAP the Law and the Movement to Free Government Records with Stephen Schultze
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10/28: Jonathan Zittrain - Civic Technologies and the Future of the Internet (Past Event)
October 28, 2009Stanford Law SchoolJoin us for a talk on Civic Technologies and the Future of the Internet by Jonathan Zittrain, Visiting Professor.
Co-hosted by the Robert Crown Law Library and the Center for Internet & Society.
Snacks & Home-baked sweets served! Feel free to bring a brown bag lunch. Read more » about 10/28: Jonathan Zittrain - Civic Technologies and the Future of the Internet
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10/12: Speaker Series - Mark Lemley - The Patent Crisis and How the Courts Can Solve It (Past Event)
October 12, 2009Stanford Law SchoolWidely recognized as a preeminent scholar of intellectual property law, Mark A. Lemley (BA '88) is an accomplished litigator—having litigated cases before the US Supreme Court, the California Supreme Court, and federal circuit courts—as well as a prolific writer with more than 100 published articles and six books. He has testified numerous times before Congress, the California legislature, the Federal Trade Commission, and the Antitrust Modernization Commission on patent, trade secret, antitrust, and constitutional law matters. He is also a partner and founder in the firm Durie Tangri LLP. Read more » about 10/12: Speaker Series - Mark Lemley - The Patent Crisis and How the Courts Can Solve It
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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
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SOPA, PIPA and Internet Freedom - Where Do We Go From Here? Audio
April 23, 2012
An evening conversation with CIS Executive Director of the Fair Use Project Anthony Falzone and Congressman Darrell Issa where they will discuss topics about SOPA, PIPA and internet freedom. Read more » about SOPA, PIPA and Internet Freedom - Where Do We Go From Here? Audio
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SOPA, PIPA and Internet Freedom - Where Do We Go From Here? Video
April 23, 2012
An evening conversation with CIS Executive Director of the Fair Use Project Anthony Falzone and Congressman Darrell Issa where they will discuss topics about SOPA, PIPA and internet freedom. Read more » about SOPA, PIPA and Internet Freedom - Where Do We Go From Here? Video
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Julie Cohen - Hearsay Culture - Show #159 - KZSU-FM
March 16, 2012
A talk show on KZSU-FM, Stanford, 90.1 FM, hosted by CIS Affiliate Scholar David S. Levine. The show includes guests and focuses on the intersection of technology and society. How is our world impacted by the great technological changes taking place? Each week, a different sphere is explored. This week, David interviews Prof. Julie Cohen of Georgetown Law, author of the book Configuring the Networked Self. For more information, please go to http://hearsayculture.com. Read more » about Julie Cohen - Hearsay Culture - Show #159 - KZSU-FM