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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The Triumph Of Self-Expression In Digital Media
By Anthony Falzone • December 11, 2006 at 10:31 am
The cover story in the Arts & Leisure section of the Sunday New York Times is about the rising "tsunami of self-expression" that has flooded the web and left everyone wondering if the internet may yet fulfill its potential to democratize media and popular culture alike. Read it here.
This capacity for self-expression is exactly what we must protect through Fair Use and other principles that provide the breathing room it needs to flourish. Read more » about The Triumph Of Self-Expression In Digital Media
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Final Hearsay Culture Schedule Into February -- Yes, This Is It!
By David Levine • December 9, 2006 at 7:36 am
With a busy schedule of flying place to place and a child on the way, my radio schedule for Hearsay Culture (see here for more info on the show) has been in a state of flux. But I think that I now have a final schedule into February -- and I thank everyone for their patience.
Also, I've been working on a corollary webpage, and alas I am hopeful that I can get audio onto it. I'll be posting audio here as well, and when the webpage is live, I'll let you know. Meanwhile, I hope that you enjoy the upcoming lineup, and, as always, welcome feedback and suggestions! Read more » about Final Hearsay Culture Schedule Into February -- Yes, This Is It!
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The Long Tail of Patent Litigation
By Stuart Soffer • December 7, 2006 at 8:44 am
Motivated by the talk of a few weeks ago, I looked at the patent litigation data in my IP Litigation database to see whether the duration of litigation conformed to a ‘long tail’ pattern. The attached chart shows the number of cases that close the indicated months after filing. Of 27,710 cases where both filing and closing dates are available, almost 38% conclude (for whatever reason) within 6 months. Read more » about The Long Tail of Patent Litigation
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Will Universal's Campaign Against User-Generated Content Lead Us Back To Sony?
By Anthony Falzone • December 6, 2006 at 3:39 pm
Universal Music has begun to go after user-generated content sites in a big way. In October, Universal sued video-sharing sites Bolt and Grouper, alleging that each is liable for the posting of copyrighted material by users. Recently, Universal filed suit against a much bigger (and richer) opponent, MySpace, on the same theory. (A copy of the complaint will be available here shortly.)
Most of the discussion about these suits has centered around whether the Digital Millenium Copyright Act ("DMCA") will protect the defendants from liability. It provides a "safe harbor" for online service providers ("OSP's") who lack actual notice of copyright violations so long as they take down infringing material upon actual notice of it from the copyright owner. See 17 U.S.C. 512(c).
But there is trouble lurking. An OSP that has the ability to control infringing conduct can't take advantage of the safe harbor if it profits directly from the infringement. See 17 U.S.C. 512(c)(1)(B). Enter contextual advertising. It keys ads to the content the user seeks and sees. If MySpace earns revenue from contextual ads that show up alongside a pirated U2 video precisely because I searched for U2, it would seem MySpace is profiting directly from the infringing material.
[continued -- press "read more" below] Read more » about Will Universal's Campaign Against User-Generated Content Lead Us Back To Sony?
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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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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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3D Printing: Is the Law Ready for the Future? (Past Event)
May 16, 2013Stanford Law School -
Legal Frontiers in Digital Media (Past Event)
May 16, 2013Stanford UniversityThis intensive event over two days is designed for lawyers and Web publishing professionals responsible for sorting out the emerging legal issues surrounding the distribution of content on digital platforms. Read more » about Legal Frontiers in Digital Media
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We Robot: Getting Down to Business (Past Event)
April 8, 2013Stanford Law SchoolThe program committee for We Robot: Getting Down To Business invites you to join us for the second annual robotics and the law conference to take place April 8 and 9 at Stanford Law School. This year’s event is focused on the immediate commercial prospects of robotics and will include panels and papers on a wide variety of topics, including: Read more » about We Robot: Getting Down to Business
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Fair Use: Now More than Ever (Past Event)
March 12, 2013South by Southwest (SXSW)Presenter: Julie Ahrens
Fair Use is an important doctrine allowing use of copyrighted works without the owner’s consent in certain situations. But documentary filmmakers and producers of online content under utilize the fair use doctrine in their work. The creation and circulation of information to the public, and public debate, is shaped and limited as a result. This session will explore the fundamentals of fair use, as well as what may and may not be permissible, best practices and new developments. Read more » about Fair Use: Now More than Ever
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Sonia Katyal - Contrabrand: Art, Advertising and Property in the Age of Corporate Identity (Audio)
March 7, 2012
Stanford Center for Internet and Society Speakers Series Talk - Read more » about Sonia Katyal - Contrabrand: Art, Advertising and Property in the Age of Corporate Identity (Audio)
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Sonia Katyal - Contrabrand: Art, Advertising and Property in the Age of Corporate Identity (Video)
March 7, 2012
In her talk, based on her forthcoming book from Yale Press, Contrabrand: Art, Advertising and Property in the Age of Corporate Identity, Sonia Katyal will discuss the intersection of art, commercial speech, and trademark law within the First Amendment, and will show how the law has shifted in response to the constitutional challenges the branding movement has created. In her talk, Katyal will focus on the "antibranding" movement in popular art and culture, which she defines to include the expressive activities of artists and activists who direct their energies towards challenging corporate branding. The greatest threat to cultural and artistic freedom, she argues, stems not from the pervasive power of the government, but instead from the powerful reach of corporate branding over artistic and consumer response. Read more » about Sonia Katyal - Contrabrand: Art, Advertising and Property in the Age of Corporate Identity (Video)
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PROTECT IP/SOPA - 2012 STLR Symposium - First Amendent Challenges in the Digital Age (Audio)
March 1, 2012
STLR Symposium 2012 - Co-Hosted by the Center for Internet and Society Read more » about PROTECT IP/SOPA - 2012 STLR Symposium - First Amendent Challenges in the Digital Age (Audio)
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PROTECT IP/SOPA - 2012 STLR Symposium - First Amendent Challenges in the Digital Age (Video)
March 1, 2012
STLR Symposium 2012 - Co-Hosted by the Center for Internet and Society
February 10, 2012
Audio VersionModerator: Declan McCullagh, Chief Political Correspondent, CNET
Panelists:
Corynne McSherry, Intellectual Property Director, Electronic Frontier Foundation;
Mike Masnick, Editor, Techdirt Blog;
Betsy Zedek, Senior Counsel, Content Protection, Fox Group Legal
A.J. Thomas, Partner, Jenner & Block Read more » about PROTECT IP/SOPA - 2012 STLR Symposium - First Amendent Challenges in the Digital Age (Video)