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.
What’s your definition of the “public interest” when it comes to law and lawmaking? Is it a unitary concept, where we consider the good of society as a whole? If so, you might think that the public’s interest is in a “public interest” which encompasses “cross-cutting issues” that transcend narrow considerations and allows debate about and among competing interests. On the other hand, do you view the “public interest” more narrowly? If so, you might view the public’s interest as served by placing “public interest” in a box separate from other interests, like environmental, labor or intel
As I've recently mentioned on a few shows, despite my reservations about not making the show "about me," Show #200 will be guest host Denise Howell's, of This Week in Law, interview with me. So that there's no confusion, I'm not giving in to rank narcissism; rather, because several guests and listeners suggested that this would be a good way to celebrate this anniversary, I went along -- and I'm glad that I did!
Yesterday, the Fourth Circuit issued an opinion in Bouchat v. Baltimore Ravens Ltd. P’ship, Case No. 12-2543 (4th Cir. Dec. 17, 2013) (“Bouchat V”)—the latest iteration of Frederick Bouchat’s crusade against the NFL and the Baltimore Ravens.
Under a regime of limited economic incentive for creativity and confined commodification of information, humanity produced the greatest portion of human knowledge. To mention some, the Bible, the Qur'an, the Mahābhārata, the Iliad and Odyssey, the Aeneid, the Scandinavian Sagas, the German Lay of the Nibelungs, the Celtic legends of Arthur, the Romances and Chanson De Geste all came to life well before strong economic rights were attached to creativity.
Imagine if the inventor of the Segway claimed to own "any thing that moves in response to human commands." Or if the inventor of the telegraph applied for a patent covering any use of electric current for communication. Absurdly overbroad claims like these would not be allowed, right? Unfortunately, the Patent Office does not do a good job of policing overly broad claims. August's Stupid Patent of the Month, U.S. Patent No.
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.
"Daniel Nazer, a staff attorney for the Electronic Frontier Foundation, said facts and story concepts generally can’t be copyrighted. Short phrases like headlines or titles likely wouldn’t be subject to copyright, either, he said.
"Speaking by phone to Law360, Nazer said Thursday he believed the disclaimer was directly linked to his post given the timing, and the fact that IBM filed the disclaimer after it was contacted by other media outlets.
“They file hundreds of other patents, so I guess they figured they could head off any criticism at the pass by dedicating it to the public," Nazer said."
"The "invention" represented in the '842 patent is starkly at odds with the real history of technology, accessible in this case via a basic Google search.
"The Internet Corporation for Assigned Names and Numbers (ICANN) is on an “ambivalent drift” into online content regulation through its contractual facilitation of a “trusted notifier” copyright enforcement program between the Motion Picture Association of America (MPAA) and the registry operators for two new generic top-level domains, University of Idaho College of Law Professor Annemarie Bridy says in a draft article for the Washington & Lee Law Review."
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.