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’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.
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.
Last week's decision in Authors Guild v. HathiTrust -- upholding the Mass Digitization Project (MPD) -- was a big victory for fair use. The MDP is a project where university libraries and Google have together digitized over 10 million books to allow for full-text searches, preservation, and access for people with print disabilities. When the Authors Guild sued for copyright infringement, HathiTrust defended the suit by arguing that the MDP is fair use.
Judge Baer upheld the MDP. His decision recognizes that the project is a massive public good: it is a tool for scholarship, prevents the loss of our cultural heritage, and provides unparalleled access for the visually impaired. Significantly, he found that these educational purposes are "transformational" in a way that supports fair use.
We are happy to announce the new 2012-2014 CIS Affiliates. The new affiliates are the following:
Last week, the U.S. Department of Justice's (DOJ) criminal prosecution of British citizen Richard O'Dwyer for operating a site called TVShack hit what ought to be a major stumbling block. TVShack allows users to link to other computer servers that host television shows and movies. Clicking on the link will allow the user to watch those videos from those sites in a frame on TVShack.
"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."
For most of human history the essential nature of creativity was understood to be cumulative and collective. This notion has been largely forgotten by modern policies regulating creativity and speech. As hard as it may be to believe, the most valuable components of our immortal culture were created under a fully open regime as far as access to pre-existing expressions and reuse was concerned.
The Fair Use Project filed an amicus brief on behalf of the Electronic Frontier Foundation and Public Knowledge in AP v. Meltwater.
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.
"To give just a sense of just how out of touch the law has become, I askedDaniel Nazer, an attorney with the Electronic Frontier Foundation, to highlight the worst patents he’s come across this year. Nazer, who holds the Mark Cuban Chair to Eliminate Stupid Patents (yes, really), had little trouble coming up with these four, culled from a monthly “Stupid Patent of the Month” post he writes for the EFF site.
"“There’s this perverse thing where sometimes the more obvious a thing is, the harder it is to prove it’s been awarded a patent improperly because it’s so obvious that no one would write it down so there’s no documentation,” said EFF staff attorney Daniel Nazer. “No one is going to write in a technical article, ‘hey it might be a good idea to reach out to people to pay for services,’ because that’s so obvious.”
"Annemarie Bridy, a University of Idaho law professor and affiliate scholar at Stanford University's Center for Internet and Society, co-wrote a law professors' amicus brief on behalf of YouTube Inc. in the Viacom v. YouTube case, which raised some similar issues. She says she has been following BMG v. Cox and that the court's decision on the DMCA safe harbor provision is the issue in the case that is most likely to have wider-reaching implications.
"Elon University School of Law professor David Levine is one of 42 law and technology experts to weigh in opposing a cyber-espionage act in Congress.
Levine is one of four writers of a 23-page letter to leaders of the House Judiciary Committee opposing the Defense of Trade Secrets Act.
JOIN US TO DISCUSS:
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.
December 12, 2013 - Copyright and Fair Use Issues in the Visual Motion Arts
The song you sampled for an intro sequence that you don't have the license for-
The uncredited movie clips you inserted into a montage-
The image you pulled from social media-
You can use those in your production, because they're all covered by Fair Use ... right?