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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Golan v. Holder - Cato Instiute Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation Brief -
Golan v. Holder - Justice and Freedom Fund's Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation Brief -
Golan v. Holder - American Library, et al. Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation BriefBRIEF AMICI CURIAE OF AMERICAN LIBRARY ASSOCIATION, ASSOCIATION OF COLLEGE AND RESEARCH LIBRARIES, ASSOCIATION OF RESEARCH LIBRARIES, UNIVERSITY OF MICHIGAN DEAN OF LIBRARIES, INTERNET ARCHIVE AND WIKIMEDIA FOUNDATION IN SUPPORT OF PETITIONERS Read more » about Golan v. Holder - American Library, et al. Supreme Court Amicus Brief in support of Golan
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Golan v. Holder - Google, Inc. Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation Brief
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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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Music artists claim website promoted infringement
Date published:July 17, 2012By Ben Adlin
"The First Amendment concerns jump right out at you," said Julie Ahrens, associate director of Stanford Law School's Fair Use Project. "This seems to limit the ability to talk about these products or describe what they do or how they work."
Read the full story at the original publication link below. Read more » about Music artists claim website promoted infringement
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Christopher Sprigman on creativity without copyright
Date published:July 17, 2012 -
The Growing Power of the Meme
Date published:June 14, 2012For the originator of a meme, legal protections are slim, and that’s the way it should be, says copyright attorney Anthony Falzone, executive director of the Fair Use Project at Stanford Law School. “If you’re the first person to do the video S- -t Girls Say, that doesn’t mean someone else can’t use the same idea with girls saying different stuff,” he says. “Just because you’re the first one to do something doesn’t mean you should be the only one to get to do it.”
Read the full publication at the original link below. Read more » about The Growing Power of the Meme
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If You've Ever Sold a Used iPod, You May Have Violated Copyright Law
Date published:June 8, 2012CIS Affiliate Scholar Marvin Ammori's latest article for The Atlantic.
The Supreme Court will soon hear a case that will affect whether you can sell your iPad -- or almost anything else -- without needing to get permission from a dozen "copyright holders." Here are some things you might have recently done that will be rendered illegal if the Supreme Court upholds the lower court decision: Read more » about If You've Ever Sold a Used iPod, You May Have Violated Copyright Law
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Legal Frontiers in Digital Media (Past Event)
May 21, 2012Stanford UniversityA 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. Read more » about Legal Frontiers in Digital Media -
Is Your ISP Becoming A Copyright Cop? (Past Event)
May 3, 2012Room 95 - Stanford Law School
Is Your ISP Becoming A Copyright Cop? The Graduated Response Program and "Voluntary" Efforts to Police Online InfringementLunch time talk with Corynne McSherry - EFF Intellectual Property Director -
Digital Public Library of America - West (Past Event)
April 27, 2012San Francisco, caDPLA West—taking place on April 27, 2012 in San Francisco—is the second major public event bringing together librarians, technologists, creators, students, government leaders, and others interested in building a Digital Public Library of America. Convened by the DPLA Secretariat at the Berkman Center for Internet & Society and co-hosted by the San Francisco Public Library, the event will assemble a wide range of stakeholders in a broad, open forum to facilitate innovation, collaboration, and connections across the DPLA effort. DPLA West will also showcase the work of the interim technical development team and continue to provide opportunities for public participation in the work of the DPLA. Read more » about Digital Public Library of America - West
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Screening of No Way Out But One (Past Event)
April 22, 2012Larkspur, CACome see the Bay Area screening of Documentary Film Program participant No Way Out But One. This inspiring true story is about Holly Collins and her children—the first U.S. citizens to be awarded asylum by the Netherlands for protection from domestic violence.
Lark Theater, Larkspur, CA
$20 Donation
Q & A with Garland Waller after the screening Read more » about Screening of No Way Out But One
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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