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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CE@10
By Lauren Gelman • November 16, 2005 at 4:09 pm
Cultural Environmentalism at 10 A Center for Internet and Society Symposium at Stanford Law School March 11-12, 2006 Read more » about CE@10
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Issues in Japanese Copyrgiht Reform (2)
By Yuko Noguchi • June 5, 2005 at 3:22 pm
In this entry, I will explain about the second category of issues listed as topics in the Japanese Copyright Reform by the Copyright Council. (See, for details, this article)
The following may not appear as surprising to those who are familiar with the U.S. copyright regulations. However, because regulations in Japan are far less restrictive compared to that of the U.S., these topics are very important. I will add some comments about these topics imply in terms of expansion of regulations. Read more » about Issues in Japanese Copyrgiht Reform (2)
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Ram Caching (2): Good for Japan?
By Yuko Noguchi • May 11, 2005 at 7:44 am
前回から、少し時間が空いてしまってすみません。
しばらく、論文の資料など集めるため、日本に戻っていました。
プラス、英語のエントリーを何とか先に…と思っていたのですが、
どうやら、時間がかかりそうな気配なので、
ここは、こだわらずに、日本語を先にUpしようと。さて、お約束しましたように、この記事では、
著作権法の「複製」の定義をある意味拡大するとすると、
それは、日本にとってはどんな意味を持つのか、
なにか、気をつけるべきことはあるのか、ということを書いてみたいと思います。 Read more » about Ram Caching (2): Good for Japan? -
Issues in Japanese Copyrgiht Reform (1)
By Yuko Noguchi • May 6, 2005 at 2:05 am
On January 24, 2005, Copyright Council at the Ministry of Education, Culture, Sports, Science and Technology released a list of issues to be discussed in the Japanese Copyright Reform (the document can be found here, but only in Japanese.)
Below is a brief summary of issues listed in this document, as well as concrete topics that the council started to discuss in the current committees.
There are four categories on the list, which are: Read more » about Issues in Japanese Copyrgiht Reform (1)
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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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The Knockoff Economy: How Imitation Sparks Innovation
Date published:January 9, 2013"The justification for creating temporary monopolies through patents and copyrights is that they encourage creative activity that would not otherwise take place. But Raustiala and Sprigman argue that imitation -- which music labels and movie studios often consider theft -- frequently stimulates creativity rather than discouraging it." Read more » about The Knockoff Economy: How Imitation Sparks Innovation
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Microsoft, Nokia, Black Rain: Intellectual Property
Date published:December 25, 2012The Electronic Frontier Foundation hired Daniel Nazer as a staff attorney, the San Francisco-based digital rights advocacy group said in a statement. Read more » about Microsoft, Nokia, Black Rain: Intellectual Property
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Is That A Budweiser In Your Hand?: Product Placement, Booze, And Denzel Washington
Date published:November 27, 2012""It's not something you're legally required to do," says Daniel Nazer, a resident fellow at Stanford Law School's Fair Use Project. "There's a big distinction between the culture of the content industry and the law."" Read more » about Is That A Budweiser In Your Hand?: Product Placement, Booze, And Denzel Washington
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Famed quotation isn't dead -- and could even prove costly
Date published:November 6, 2012"Fair use is a "very gray area," says Julie Ahrens, who runs the Fair Use Project at Stanford University's Center for Internet and Society. "There are lots of things that are not clear."" Read more » about Famed quotation isn't dead -- and could even prove costly
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Searching for a Middle Ground: Can We Stop Online Piracy While Still Protecting Speech? (Past Event)
April 12, 2012UNC School of LawCIS Affiliate Scholar David Levine will be speaking on a panel at UNC about online privacy. Read more » about Searching for a Middle Ground: Can We Stop Online Piracy While Still Protecting Speech?
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Transformation, Copyright, and the Right of Publicity in the Digital Age (Past Event)
April 11, 2012Cogswell Polytechnical CollegeCopyright Law and Fair Use with Daniel Nazer, CIS Resident Fellow Read more » about Transformation, Copyright, and the Right of Publicity in the Digital Age
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SOPA, PIPA and Internet Freedom Where Do We Go From Here? (Past Event)
April 9, 2012Stanford Law SchoolJoin us for 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?
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Screening of Our Summer In Tehran (Past Event)
April 3, 2012UC BerkeleyWatch a screening of Documentary Film Program participant, Our Summer in Tehran. Read more » about Screening of Our Summer In Tehran
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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
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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)