We are happy to announce the new 2014-2016 CIS Affiliates.
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.
We are happy to announce the new 2014-2016 CIS Affiliates.
I've been a CIS non-resident fellow (or now faculty afflilaite) now for a decade, beginning in 2004. I love being associated with CIS, and many of my closest friends have come from my connections with CIS. Whereever we've moved--Tuscon, London, Seattle, or New Orleans, CIS has always been a constant. When I was on the job market in 2006, I felt part of a crowd that year that included David Olsen and David Levine, as well as others connected to Stanford. CIS is an anchor.
As Congress winds down for the holidays, it delivers yet another lump of coal for the American people.
Contained in the 2015 Intelligence Authorization Act is a provision quietly inserted by the US Senate (just prior to voting) that authorizes the “acquisition, retention, and dissemination” of all communications data from U.S. citizens without a court order and then transferred to law enforcement for criminal investigations.
Days 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.
We successfully defended Grammy-nominated American music producer, composer, and songwriter, Brain Transeau’s (better known by his stage name, BT), against spurious copyright infringement claims.
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.
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.
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.
"“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.
JOIN US TO DISCUSS:
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