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 working 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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(Updated) Golan v. Holder Heads To Supreme Court
By Anthony Falzone • February 2, 2011 at 10:16 am
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Gio Wiederhold Follows the Intellectual Property Money
By Stuart Soffer • January 30, 2011 at 2:08 pm
Emeritus Stanford Computer Science Professor Gio Wiederhold provides in the January 2011 issue of Communications of the ACM (1) (the monthly journal of the professional society for Computer Scientists) an article titled Follow the Intellectual Property. The theme of his paper is that the offshoring of IP (actually domiciling the IP for sheltering royalty purposes in an off-shore tax haven such as the Cayman Islands) works to the disadvantage of US employees. Profits sheltered are not repatriated, but instead are used to seed and hire other offshore developments for the patent owners. Read more » about Gio Wiederhold Follows the Intellectual Property Money
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Who Said France Does Not Have Fair Use?
By Zohar Efroni • January 28, 2011 at 3:41 am
Valérie Laure Benabou, a law professor at the University of Versailles and an esteemed expert on French and international copyright law, kindly agreed to share her thoughts on the Google vs. SAIF case decided yesterday by the Paris Court of Appeals:
An important decision of the Paris Court of Appeal was rendered yesterday in a litigation between Google and a French Collective Society for Visual Works (SAIF). The Collective Society claimed that Google was infringing on the copyright of its authors members by reproducing and displaying their works in the form of thumbnails on the pages of Google Image service and also by reproducing their works through Google caching system. Before the Court of First Instance, the Judge considered the applicable law to be the U.S. Copyright Act, and consequently, the court applied the fair use defense in line with the Arriba and Perfect 10 decisions. Read more » about Who Said France Does Not Have Fair Use?
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Auctioned Patents Emerge in Litigation in 2010
By Stuart Soffer • January 25, 2011 at 7:32 pm
In reviewing the statistical tea leaves of IP litigation trends for 2010, one aspect that now stands out is the number of cases involving auctioned patents. There are 15 such cases asserting 20 auctioned patents. Some of the highlights of these 15 cases are:
• US 6,526,219 for “Picture-based video indexing system” had a projected auction price of $250,000, but ended up sold for $700,000. InMotion Imagery Technologies, LLC asserted this patent in three cases in the Eastern District of Texas. Read more » about Auctioned Patents Emerge in Litigation in 2010
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Golan v. Holder - Respondents Brief
Publication Date:August 11, 2011Publication Type:Litigation BriefSupreme Court brief for the Respondents. Read more » about Golan v. Holder - Respondents Brief
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Golan v. Holder - Public Knowledge Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation Brief -
Golan v. Holder - Heartland Angels, Inc. Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation Brief -
Golan v. Holder - Creative Commons Supreme Court Amicus Brief in support of Golan
Author(s):Lawrence LessigPublication Date:June 21, 2011Publication Type:Litigation Brief
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Vargas v. BT
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. Read more » about Vargas v. BT
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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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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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Will Disney Let You See This Movie?
Date published:January 23, 2013Randy Moore’s dark drama Escape From Tomorrow premiered this week at the Sundance Film Festival and quickly became one of the most buzzed-about oddities in Park City, Utah. Reviews have been mixed but unquestionably intriguing. There’s a chance, though, that the rest of us won’t be able to form our own opinions: Escape From Tomorrow was filmed without permission on location at Disney’s theme parks in Orlando, Fla., and Anaheim, Calif., and it unabashedly incorporates the familiar logos, characters, and theme-park images in a perverse dramatic narrative. Read more » about Will Disney Let You See This Movie?
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DVR Protections Invoked to Pause Associated Press
Date published:January 22, 2013The AP's argument is "unfounded and dangerous to innovation," according to the brief authored by Julie Ahrens, of Stanford Law School's Center for Internet & Society. Read more » about DVR Protections Invoked to Pause Associated Press
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Copyright suit pits Fair Use against unlicensed distribution
Date published:January 21, 2013
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Intellectual Property and Individual Liberty: Friends or Foes (Past Event)
March 8, 2012Stanford Law SchoolHosted by the Federalist Society. More info about this event.
Anthony Falzone and Mark Schultz will debate whether significant developments in U.S. copyright law work to protect or violate individual freedom. Professor Paul Goldstein will moderate. Mr. Flazone is the Executive Director of the Fair Use Project with SLS's Center for Internet and Society. Mr. Schultz is a professor of law at Southern Illinois University School of Law, and his research focuses on the intersection of copyright and social norms.
Read more » about Intellectual Property and Individual Liberty: Friends or Foes
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Copyright and the Public Domain After Golan (Past Event)
March 1, 2012Live WebinarGolan v. Holder involves a challenge to the constitutionality of the 1994 Uruguay Round Agreements Act (URAA), which restored copyright in foreign works previously in the public domain under U.S. copyright law. The plaintiffs in the case have challenged the URAA as contravening both the "limited times" requirement and the First Amendment. In October 2011, the Supreme Court heard oral arguments in the case and is expected to issue a ruling before June 2012. Read more » about Copyright and the Public Domain After Golan
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CIS Speakers Series - Sonia Katyal (Past Event)
February 23, 2012Stanford Law SchoolRSVP for this free event today.
Contrabrand: Art, Advertising and Property in the Age of Corporate Identity Read more » about CIS Speakers Series - Sonia Katyal
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Stanford Technology Law Review Symposium 2012 - First Amendment Challenges in the Digital Age (Past Event)
February 10, 2012Stanford Law SchoolThe Symposium, co-sponsored by Stanford’s Center for Internet and Society, took place on Friday, February 10, 2012. Scholars and noted practitioners from across the country joined STLR to discuss current and emerging issues in First Amendment law and the Internet. Read more » about Stanford Technology Law Review Symposium 2012 - First Amendment Challenges in the Digital Age
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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
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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)