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.
Should individuals hold veto power over depictions of reality? That's the question at the heart of Hart v. Electronic Arts, Inc., and we here at the Fair Use Project think the answer is a resounding "no."
Today the Second Circuit Court of Appeals issued a long-awaited decision in favor of fair use in Cariou v. Prince. Reversing the district court’s finding of infringement, the Court held that Richard Prince’s use of Patrick Cariou’s photographs in 25 of his 30 Canal Series paintings was a fair use. The decision affirms an important tradition in modern art that relies on the appropriation of existing images to create highly expressive works with new meaning.
This has been a busy Internet law week. I'd like to sum up some of the more interesting developments:
Frederick Bouchat has been serially litigating against the NFL and the Baltimore Ravens organization for more than a decade.
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 trend of the Eastern District of Texas favoring patent plaintiffs more than other districts has lead to extreme forum shopping,” Daniel Nazer with EFF told the Southeast Texas Record.
Texas has a record of rejecting 73 percent of pretrial challenges, while the national average is 29 percent, according to data published by the EFF.
Nazer says the disparity in those numbers causes plaintiffs to file cases where they think they can get an advantage.
"“This is a big shift in thinking,” said Annemarie Bridy, a scholar of technology law and intellectual property at the University of Idaho College of Law. “It’s a completely expanded notion of transformation.”"
"The appeals court recognized that the Google search engine "creates new forms of research, such as text mining and data mining," said Ben Depoorter, Hastings Research Chair at UC Hastings College of the Law.
"Woodrow Hartzog, an associate professor at Samford University’s Cumberland School of Law, whose focus includes intellectual property law, says that the feasibility of Yellowhammer’s plan is dependent on its ability to prove that the slogan is synonymous with their company.
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.
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