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 joins Villanova as The Charles Widger Endowed University Professor in Law, Business and Economics, effective August 1, 2017. In this new role, Professor Frischmann will promote cross-campus research, programming and collaboration; foster high-visibility academic pursuits at the national and international levels; have the ability to teach across the University; and position Villanova as a thought leader and innovator at the intersection of law, business and economics.
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.
"Am I a crook?" A design client recently asked me this question about one its designs, and whether is was legally inspired by or stolen from other works. Of course, Jonathan Adler may consider my client a crook when it uses an edited, transformed, and artistically styled sample of his pillow design to create a custom-made wallpaper design for sale to the public. But would he be right? These days, it is getting harder to tell, but there are still guidelines that can help you navigate the sometimes murky waters separating inspiration from infringement.
Welcome news today from the U.S. Court of Appeals for the 9th Circuit.
The bright lines of the real property based view of copyright are being blurred by technology. In 1991, Mr. Biz Markee was found liable for infringing Mr. Gilbert O'Sullivan's copyright in his song, Alone Again (Naturally), when Mr. Markee used an unauthorized sample in his rap song entitled Alone Again. Had Mr. Markee used Mr. O'Sullivan's song in a mash up, the result may have been different.
Recently, a jury found Mr. Ross Ulbricht guilty of running the black market website Silk Road. Many observers claim that the government's theory expanded liability for third parties like Mr. Ulbricht online. As I mention in a recent GizMoto interview, the government's theory of liability wasn't new, but "whether the government obtained the evidence that they wish to use to prove this narrative . . .
Letter to Congress explaining that proposed copyright legislation would violate the First Amendment and be struck down in court.
Amicus 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.
The 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.
Supreme Court Reply Brief filed by Petitioners.
We filed an amicus brief on behalf of a group of library associations and others asking the Second Circuit to reverse a lower court’s injunction of the publication of 60 Years Later: Coming through the Rye an unauthorized story based on J.D. Salinger’s in Catcher In The Rye.
We filed an amicus brief in the Federal Circuit on behalf of the Warhol Foundation and Warhol Museum, contemporary artists and law professors in support of the U.S. Postal Service, urging affirmance of the district court’s finding of fair use.
We defended the publisher of the Harry Potter Lexicon against suit from J.K. Rowling and Warner Brothers.
Yoko Ono and EMI sued a documentary filmmaker for using a short clip from the John Lennon song “Imagine” as part of a critique of the lyrics of the song. We defended the filmmaker and successfully argued that the use of the copyrighted song was fair use.
"The Internet Corporation for Assigned Names and Numbers (ICANN) is on an “ambivalent drift” into online content regulation through its contractual facilitation of a “trusted notifier” copyright enforcement program between the Motion Picture Association of America (MPAA) and the registry operators for two new generic top-level domains, University of Idaho College of Law Professor Annemarie Bridy says in a draft article for the Washington & Lee Law Review."
"Daniel Nazer, staff attorney at the Electronic Frontier Foundation and Mark Cuban Chair to Eliminate Stupid Patents, said in a phone interview with The Register, "There's a risk companies will increasingly turn to patent law to do things they're not otherwise allowed to do."
Nazer pointed to a shampoo maker that tried unsuccessfully to block the importation of a product into the US by asserting a copyright claim on the shampoo bottle label. He observed that a design patent claim could be employed in an attempt to achieve the same anti-competitive result.
"Daniel Nazer, a lawyer with the Electronic Frontier Foundation, told Fortune that applications to patent the blockchain — which is a form of software — face a high hurdle due to a Supreme Court case called Alice. That decision ruled that most, or perhaps all, software patents are abstract ideas that are ineligible for patent protection.
"US Patent No. 8,856,221 is called the "System and method for storing broadcast content in a cloud-based computing environment." In short, the invention claims ownership of a method to deliver media content from remote servers—the cloud, as we now know it—to computers.
Come meet CIS and hear about our exciting work and ways to get involved.
The Online News Association, in conjunction with the UNC Center for Media Law & Policy, the Stanford Law School Center for Internet & Society and the UC Berkeley Graduate School of Journalism, presents the Third Annual Law School for Digital Journalists, part of the Thursday Workshops at ONA’s 2012 Conference & Awards Banquet, Sept. 20-23.
Has it really been 15 years? Time really flies when keeping up with Moore's law is the measure. In 1997, Jeff Moss held the very first Black Hat. He gathered together some of the best hackers and security minds of the time to discuss the current state of the hack. A unique and neutral field was created in which the security community--private, public, and independent practitioners alike—could come together and exchange research, theories, and experiences with no vendor influences. That idea seems to have caught on. Jeff knew that Black Hat could serve the community best if it concentrated on finding research by some of the brightest minds of the day, and he had an uncanny knack for finding them.
A joint conference of the Media Law Resource Center and the Center for Internet & Society.
This intensive two-day event is designed for lawyers and Web publishing professionals responsible for sorting out the emerging legal issues surrounding the distribution of content on digital platforms.
The conference will explore:
Content monetization and the mechanics and business models for digital media.
The operational side of social media.
Anonymity and social responsibility on 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.