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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Congress Should Fix the Copyright Mess
By Paul Goldstein • February 8, 2012 at 2:58 pm
The real story behind last week’s blow-up over legislation regulating piracy on the Internet has less to do with the fears of motion picture studios or the intransigence of technology companies than with the legislative process itself. By taking their lead exclusively from copyright owners, and failing substantively to consult with technology companies, committee members in the House, much like their Senate counterparts earlier, forfeited the opportunity for a workable solution. Read more » about Congress Should Fix the Copyright Mess
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First Amendment “Exceptions” and What the First Amendment Means (#2)
By Marvin Ammori • February 4, 2012 at 5:00 pm
Cross posted from Marvin Ammori's post at Concurring Opinions. Read more » about First Amendment “Exceptions” and What the First Amendment Means (#2)
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Negative Liberty and What the First Amendment Ought to Be
By Marvin Ammori • February 3, 2012 at 2:00 pm
Cross posted from Marvin Ammori's post at Concurring Opinions. Read more » about Negative Liberty and What the First Amendment Ought to Be
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Thoughts on Ammori's Free Speech Architecture and the Golan decision
By Brett Frischmann • February 3, 2012 at 11:05 am
This post is cross-posted at Concurring Opinions, which is having a blog symposium on Marvin Ammori's excellent article on First Amendment Architecture. Next week, the Stanford Technology Law Review is holding its “First Amendment Challenges in the Digital Age” conference and one of the panels also will center on the piece. So it is getting a lot of attention!
... Read more » about Thoughts on Ammori's Free Speech Architecture and the Golan decision
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Megaupload Indictment Leaves Everyone Guessing - Part 2
Author(s):Anthony FalzoneJennifer GranickPublication Date:April 6, 2012Publication Type:Other WritingDaily/Journal Op/Ed
The first part of this article outlined the mechanics of the Megaupload website, and the novel questions of criminal inducement on which the government's indictment is premised. Here, we explore two more extensions of existing law on which the indictment is based, and the impact this prosecution is likely to have on Internet innovators and users alike. Read more » about Megaupload Indictment Leaves Everyone Guessing - Part 2
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Megaupload.com Indictment Leaves Everyone Guessing - Part 1
Author(s):Anthony FalzoneJennifer GranickPublication Date:March 15, 2012Publication Type:Other WritingDays after anti-piracy legislation stalled in Congress, the U.S. Department of Justice coordinated an unprecedented raid on the Hong Kong-based website Megaupload.com. New Zealand law enforcement agents swooped in by helicopter to arrest founder Kim Dotcom at his home outside of Auckland, and seized millions of dollars worth of art, vehicles and real estate. Six other Megaupload employees were also arrested. Meanwhile, the Justice Department seized Megaupload's domain names and the data of at least 50 million users worldwide. Read more » about Megaupload.com Indictment Leaves Everyone Guessing - Part 1
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The Social Layer of Freedom of Information Law
Author(s):David LevinePublication Date:March 1, 2012Publication Type:Academic WritingIt is now received wisdom that a properly functioning democracy requires transparency and accountability — information shared with the public that allows the public to know what its government is doing. It is equally uncontroversial to say that social media allows for an unprecedented amount of informal but structured dissemination and analysis of information. Despite these two basic points, U.S. freedom of information law has failed to harness the power of these new social media networks and, more importantly, formats in a way that amplifies public knowledge of government information. Read more » about The Social Layer of Freedom of Information Law
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Valuing Attribution and Publication in Intellectual Property
Author(s):Christopher SprigmanPublication Date:February 27, 2012Publication Type:Academic WritingThis is the third in a series of articles focusing on the experimental economics of intellectual property. In earlier work, we have experimentally studied the ways in which creators assign monetary value to the things that they create. That research has suggested that creators are subject to a systematic bias that leads them to overvalue their work. Read more » about Valuing Attribution and Publication in Intellectual Property
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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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Internet memes: copyright licensing in an IP minefield
Date published:March 1, 2013"“A lot of his own original expression went into making that poster, notwithstanding the fact that he used an AP photograph as a reference,” says Julie Ahrens, director of copyright and fair use in Stanford Law School’s Center for Internet and Society, and a member of the Fair Use Project." Read more » about Internet memes: copyright licensing in an IP minefield
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Why the Rick Ross Case May Change Hip Hop
Date published:February 12, 2013"According to Julie Ahrens, director of Copyright and Fair Use at Stanford University's Center for Internet and Society, that's because such bandied-about issues as fair use, parody, and obscenity don't figure neatly with the suit and the parties involved." Read more » about Why the Rick Ross Case May Change Hip Hop
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Podcasters Prepare for War Against ‘Podcast Patent’ Owner Personal Audio
Date published:February 12, 2013"“We think Personal Audio's podcasting claims are a classic example of an over-broad software patent,” EFF staff attorney Daniel Nazer wrote in an email to Backstage." Read more » about Podcasters Prepare for War Against ‘Podcast Patent’ Owner Personal Audio
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Anonymous Plays Games With U.S. Sites
Date published:January 28, 2013"Kerr's proposals have been picked up and refined by the Electronic Frontier Foundation (EFF), in what calls "Aaron's Law." The group's suggestions have also been endorsed by Jennifer Granick, the director of civil liberties at the Stanford Center for Internet and Society, who described Kerr's initial efforts as "necessary but not sufficient."" Read more » about Anonymous Plays Games With U.S. Sites
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Copyright in the Digital Age - 16th Annual Stanford Technology Law Review Symposium (Past Event)
February 22, 2013Stanford Law SchoolFor more information please visit STLR's website. Read more » about Copyright in the Digital Age - 16th Annual Stanford Technology Law Review Symposium
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Memorial for Aaron Swartz in SF (Past Event)
January 24, 2013Internet Archive
Please join us as we gather to remember Aaron Swartz on the evening of Thursday, January 24th.Reception at 7:00pm - Memorial at 8:00pmat the Internet Archive300 Funston Avenue, San Francisco 94118 -
Four Factors In Search Of a Question: Anchoring Fair Use to Free Expression and Social Value (Past Event)
January 16, 2013Covington & Burling LLPFour Factors In Search Of a Question: Anchoring Fair Use to Free Expression and Social Value Read more » about Four Factors In Search Of a Question: Anchoring Fair Use to Free Expression and Social Value
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CIS Speaker Series - Stopping SOPA: Copyright, Free Speech, and Popular Constitutionalism (Past Event)
November 15, 2012Stanford Law SchoolDuring late 2011 and January 2012, millions of people protested the passage of the controversial copyright bill the Stop Online Piracy Act (SOPA) in Congress. The protests culminated in the largest online protest in the history of the Internet, with web giant Wikipedia and thousands of other websites going black in a day of self-censorship. In a few short months, the protesters achieved something remarkable: they defeated money, politicians, Hollywood, and the copyright lobby, all in the name of a “free and open Internet.” This talk with Professor Edward Lee, explains these grassroots movements as a form of popular constitutionalism. Courts didn't define speech rights. People did. And, in the end, it was the people's view of free speech that carried the day. Read more » about CIS Speaker Series - Stopping SOPA: Copyright, Free Speech, and Popular Constitutionalism
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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