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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Judge Alsup (ably) Explains It All To Us: Copyrightability of Certain Replicated Elements of the Java Application Programming Interface
By Stuart Soffer • June 1, 2012 at 11:24 am
Kudos to Judge Alsup for his order regarding copyrightability of software API's - for both for legal as well as technical explanations - in Oracle v Google. This aspect of the case is reminiscent of Java Wars Round 1 (Sun and Microsoft).
See, Order Re Copyrightability of Certain Replicated Elements of the Java Application Programming Interface, http://www.wired.com/wiredenterprise/wp-content/uploads//2012/05/Judge-A...
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Jennifer Granick to Direct New Civil Liberties Initiative at Stanford Law School Center for Internet and Society
By Center for Internet and Society • May 30, 2012 at 6:00 am
Stanford Law School today announced the appointment of Jennifer Stisa Granick as Director of Civil Liberties at the Center for Internet and Society (CIS). Granick will lead the Center’s work at the intersection of online technologies and civil liberties, with a particular focus on cybersecurity, national security, government surveillance and free speech. Read more » about Jennifer Granick to Direct New Civil Liberties Initiative at Stanford Law School Center for Internet and Society
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Commentary on Infrastructure: The Social Value of Shared Resources
By Brett Frischmann • May 3, 2012 at 8:35 am
Last week, Concurring Opinions hosted a symposium on my book. Here are links to the posts:
Frank Pasquale’s Introduction to the Infrastructure Symposium:
Deven Desai, Education and Infrastructure: Read more » about Commentary on Infrastructure: The Social Value of Shared Resources
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A Glance Inside The Clearance Culture
By Daniel Nazer • April 26, 2012 at 1:33 pm
The clearance culture is the set of norms and practices within the entertainment industry that mandates—whether or not the law actually requires it—that every scrap of copyrighted or trademarked material be cleared with the original rights-holder. While copyrighted material often does need to be licensed (e.g. soundtrack music), the clearance culture imposes burdens well beyond the law and has become a self-perpetuating and self-serving system of self-censorship. Read more » about A Glance Inside The Clearance Culture
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Of Trademarks and Brands
Author(s):Tim GreenePublication Date:April 24, 2013Publication Type:Academic Writing"As Stacey Dogan noted in her recent review of Bob Bone’s Taking the Confusion Out of “Likelihood of Confusion”: Toward a More Sensible Approach to Trademark Infringement, trademark law is at a bit of a crossroads. Scholars increasingly question basic tenets of trademark law and seek explanations for our blinkered theories of trademarks. Among recent attempts at comprehensive trademark law frameworks, some are good, some great, some … not."
Read full Jotwell article. Read more » about Of Trademarks and Brands
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AP v. Meltwater Amicus Brief
Author(s):Julie AhrensPublication Date:January 18, 2013Publication Type:Litigation BriefThe Fair Use Project filed an amicus brief on behalf of the Electronic Frontier Foundation and Public Knowledge in AP v. Meltwater. Read more » about AP v. Meltwater Amicus Brief
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The Knockoff Economy: How Imitation Sparks Innovation
Author(s):Christopher SprigmanPublication Date:September 17, 2012Publication Type:Book -
Infrastructure: The Social Value of Shared Resources
Author(s):Brett FrischmannPublication Date:March 26, 2012Publication Type:Book
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Fairey v. The Associated Press
We represented visual artist Shepard Fairey in connection with the AP’s claim that his iconic “Hope” poster in support of President Obama’s campaign infringes the AP’s copyrights. We represented Fairey because we believe his artistic transformation of a news photograph to convey a political message fell within the protection of the fair use doctrine and presented an important example of why fair use is essential for free expression. Read more » about Fairey v. The Associated Press
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Shloss v. Estate of Joyce
After the Estate of James Joyce refused to allow a scholar to quote Joyce in her book, we successfully defended her right under the fair use doctrine to use the quotes she needed to illustrate her scholarship. After we prevailed in the case, the Estate paid $240,000 of our client’s legal fees. Read more » about Shloss v. Estate of Joyce
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Brave New Films v. Savage
After Original Talk Radio Network, the nationwide distributor of Michael Savage’s radio show, issued a takedown notice against a video critical of Savage’s portrayal of Muslims, we filed a lawsuit that convinced the company to withdraw its objections to our client’s film. Read more » about Brave New Films v. Savage
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Salinger v. Colting, et al.
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. Read more » about Salinger v. Colting, et al.
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Will Disney Let You See This Movie?
Date published:January 23, 2013Randy Moore’s dark drama Escape From Tomorrow premiered this week at the Sundance Film Festival and quickly became one of the most buzzed-about oddities in Park City, Utah. Reviews have been mixed but unquestionably intriguing. There’s a chance, though, that the rest of us won’t be able to form our own opinions: Escape From Tomorrow was filmed without permission on location at Disney’s theme parks in Orlando, Fla., and Anaheim, Calif., and it unabashedly incorporates the familiar logos, characters, and theme-park images in a perverse dramatic narrative. Read more » about Will Disney Let You See This Movie?
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DVR Protections Invoked to Pause Associated Press
Date published:January 22, 2013The AP's argument is "unfounded and dangerous to innovation," according to the brief authored by Julie Ahrens, of Stanford Law School's Center for Internet & Society. Read more » about DVR Protections Invoked to Pause Associated Press
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Copyright suit pits Fair Use against unlicensed distribution
Date published:January 21, 2013 -
EFF urges judge to protect fair use of news coverage
Date published:January 19, 2013
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Intellectual Property and Individual Liberty: Friends or Foes (Past Event)
March 8, 2012Stanford Law SchoolHosted by the Federalist Society. More info about this event.
Anthony Falzone and Mark Schultz will debate whether significant developments in U.S. copyright law work to protect or violate individual freedom. Professor Paul Goldstein will moderate. Mr. Flazone is the Executive Director of the Fair Use Project with SLS's Center for Internet and Society. Mr. Schultz is a professor of law at Southern Illinois University School of Law, and his research focuses on the intersection of copyright and social norms.
Read more » about Intellectual Property and Individual Liberty: Friends or Foes
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Copyright and the Public Domain After Golan (Past Event)
March 1, 2012Live WebinarGolan 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. Read more » about Copyright and the Public Domain After Golan
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CIS Speakers Series - Sonia Katyal (Past Event)
February 23, 2012Stanford Law SchoolRSVP for this free event today.
Contrabrand: Art, Advertising and Property in the Age of Corporate Identity Read more » about CIS Speakers Series - Sonia Katyal
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Stanford Technology Law Review Symposium 2012 - First Amendment Challenges in the Digital Age (Past Event)
February 10, 2012Stanford Law SchoolThe 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. Read more » about Stanford Technology Law Review Symposium 2012 - First Amendment Challenges in the Digital Age
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Hamilton Bean - Hearsay Culture - Show #161 - KZSU-FM
May 14, 2012
This week, David Levine interviews Prof. Hamilton Bean of the University of Colorado Denver, author of the book No More Secrets: Open Source Information and the Reshaping of U.S. Intelligence. Read more » about Hamilton Bean - Hearsay Culture - Show #161 - KZSU-FM
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Is Your ISP Becoming A Copyright Cop? The Graduated Response Program and "Voluntary" Efforts to Police Online Infringement
May 7, 2012
In July 2012, several major internet access providers (including, very likely, yours) will roll out a new program supposedly intended to inhibit online infringement via peer top peer file-sharing networks. The program is a result of a deal, announced last year, between ISPs and big content providers to work together police online infringement, educate allegedly infringing subscribers and, if subscribers resist such education, take various steps including restricting their internet access. As always, the devil is in the details, and the details here are devilish indeed. EFF Intellectual Property Director Corynne McSherry outlined how the program will work and explained why subscribers might want to demand a reboot. Read more » about Is Your ISP Becoming A Copyright Cop? The Graduated Response Program and "Voluntary" Efforts to Police Online Infringement
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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