Tony Falzone is the Deputy General Counsel at Pinterest, Inc.
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.
Tony Falzone is the Deputy General Counsel at Pinterest, Inc.
Brett Frischmann joins Villanova as The Charles Widger Endowed University Professor in Law, Business and Economics, effective August 1, 2017. In this new role, Professor Frischmann will promote cross-campus research, programming and collaboration; foster high-visibility academic pursuits at the national and international levels; have the ability to teach across the University; and position Villanova as a thought leader and innovator at the intersection of law, business and economics.
Lauren 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.
Yesterday, the Fair Use Project at the Center for Internet & Society and the Electronic Frontier Foundation jointly submitted a set of comments in response to the U.S. Department of Commerce’s Green Paper, Copyright Policy, Creativity, and Innovation in the Digital Economy.
On Tuesday, the Fair Use Project, along with the good folks at Bingham McCutchen LLP and Virginia Rutledge, filed a brief amici curiae on behalf of the Andy Warhol Foundation for the Visual Arts, Inc., and the Robert Rauschenberg Foundation in the Cariou v. Prince remand.
In recent months, some copyright holders, pharmaceutical companies, and state attorneys general have made allegations against Internet companies that help users find and share information. In short, they claim that because some users engage in copyright infringement, sell counterfeit products, or otherwise encourage potentially criminal activity on the Internet, the users’ Internet platforms should be held responsible for these misdeeds. That is, Google should be punished for any user’s copyright infringement on YouTube, Facebook for any user’s harassing post, and Twitter for any user’s slanderous tweet. According to the critics, that is, these companies should screen all users’ speech and take on the role of editors or publishers, rather than being open platforms for the speech of millions.
Former Panamanian strongman Manuel Noriega and actress Lindsay Lohan have at least one thing in common: Both recently filed high-profile lawsuits against video game makers, charging that their likenesses were used in games without their permission.
These suits may seem like acts of desperation by people now more notorious than famous, and a judge has already ruled against Noriega. But they are nevertheless extremely worrying.
When, in 2011, Oprah Winfrey asked Ralph Lauren how he “keeps reinventing,” Mr. Lauren answered: “You copy. Forty-five years of copying; that’s why I’m here.” Mr. Lauren, a Jewish kid from the Bronx who built a spectacular career reinterpreting the look of the old WASP aristocracy, was at least partly joking. But what made the quip funny was the fact that knockoffs are — and always have been — a pervasive part of fashion.
We filed an amicus brief on behalf of a group of library associations and others asking the Second Circuit to reverse a lower court’s injunction of the publication of 60 Years Later: Coming through the Rye an unauthorized story based on J.D. Salinger’s in Catcher In The Rye.
We filed an amicus brief in the Federal Circuit on behalf of the Warhol Foundation and Warhol Museum, contemporary artists and law professors in support of the U.S. Postal Service, urging affirmance of the district court’s finding of fair use.
We defended the publisher of the Harry Potter Lexicon against suit from J.K. Rowling and Warner Brothers.
Yoko Ono and EMI sued a documentary filmmaker for using a short clip from the John Lennon song “Imagine” as part of a critique of the lyrics of the song. We defended the filmmaker and successfully argued that the use of the copyrighted song was fair use.
"“This is a tremendously important improvement for consumer protection,” says Andrea Matwyshyn, a professor of law and computer science at Northeastern University. “The Copyright Office has demonstrated that it understands our changed technological reality, that in every aspect of consumers’ lives, we rely on code,” says Matwyshyn, who argued for the exemptions last year.
"Elon Law Associate Professor David S. Levine traveled to Williamsburg, Virginia, in October for the 28th Annual Intellectual Property Seminar: The Evolving Landscape of IP, co-hosted by the Virginia CLE and the Intellectual Property Section of the Virginia State Bar.
""That would be the understanding the majority of law professors would advocate for," suggested Prof Andrea Matwyshyn from Northwestern University in Boston.
She said while design of, say, a carpet could be considered the be-all-and-end-all of its success, a smartphone is a far more complex device. Design is important, but not the only factor.
The fact that Apple is pushing for full damages is a strategy that suggests extreme confidence in its ability to stay ahead of the curve in technology, Prof Matwyshyn said.
"Ben Depoorter, a professor at UC Hastings College of the Law who is an expert in copyright law, says this is typical of entertainment companies that worry about alienating potential buyers by having their performers associated with politics. Exhibit A is the country group the Dixie Chicks, who criticized then-President George W. Bush on stage in 2003 and faced a backlash that nearly ended their careers.
JOIN US TO DISCUSS:
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
Prof. Edward Lee of Chicago-Kent Law School, author of The Fight for the Future: How People Defeated Hollywood and Saved the Internet — For Now.
CIS Affiliate Scholar David Levine interviews Jonathan Band of policybandwidth.com.