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, Concurring Opinions hosted a symposium on my book. Here are links to the posts:
Frank Pasquale’s Introduction to the Infrastructure Symposium:
Deven Desai, Education and Infrastructure:
The clearance culture is the set of norms and practices within the entertainment industry that mandates—whether or not the law actually requires it—that every scrap of copyrighted or trademarked material be cleared with the original rights-holder. While copyrighted material often does need to be licensed (e.g. soundtrack music), the clearance culture imposes burdens well beyond the law and has become a self-perpetuating and self-serving system of self-censorship.
Dennis Crouch today reports on John Wiley & Sons v. McDonnell Boehnen Hulbert & Berghoff. The crux of this case concerns the disclosing and submitting material prior art to the patent office during patent prosecution. When this material consists of copyrighted articles like academic journals, problems may arise when subsequent copies are distributed within the law firm, retaining file copies, distribution of pdf’s, and use by a government agency.
I am excited to announce that Oxford University Press has published my book, Infrastructure: The Social Value of Shared Resources. It has been almost a decade in the making, and I owe a debt of gratitude to the CIS community, especially Barbara van Schewick and Larry Lessig, for support along the way. I will post more about the book in the next few weeks, but here are some links and a short abstract:
Making Sense of the Recent Upheaval at the U.S. Copyright Office
The Recording Industry Association of America (RIAA) is at it again. In a joint open letter to Congress, it is leading a push by the music industry to rewrite Internet copyright law in ways similar to its advocacy of the infamous Stop Online Piracy Act (SOPA) of 2012. SOPA failed miserably in Congress. It was abandoned after more than 15 million Americans objected to the bill’s attempt to restrict Internet freedom as 115,000 websites staged a massive blackout online.
Sarah Morris is a well-known multimedia artist and filmmaker. In 2007, she debuted her "Origami" series, 24 paintings in which she reworked, redesigned, and reshaped origami crease patterns on canvas. Several origami artists sued Morris for copyright infringement, arguing Morris had unduly appropriated their allegedly copyrightable origami crease patterns in developing the "Origami" series. The Fair Use Project teamed up with attorneys Bob Clarida and Donn Zaretsky to defend Morris. We briefed the fair use issues on summary judgment.
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.
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.
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.
"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.
"Universal, which is represented by Sidley Austin and Munger, Tolles & Olson, argues that a takedown notice doesn’t require a fair use assessment. It also argues that Lenz never had standing to bring her suit because her video was restored to YouTube long before she went to court. Lenz “seeks only a symbolic vindication of a bare statutory right,” Sidley’s Mark Haddad wrote in Universal’s petition.
Check out pictures from the CIS Speaker Series Talk - A Defensive Patent License Proposal
Anthony Falzone and Mark Schultz will debate whether significant developments in U.S. copyright law protects or violates individual freedom. Falzone, Executive Director of the Fair Use Project and a Lecturer in Law at Stanford Law School, will evaluate the affects of copyright law on freedom of expression, while Prof. Schultz will assess the affects of copyright law on the liberty of IP creators and owners. Professor Paul Goldstein will moderate. Professor Paul Goldstein will moderate. Lunch will be served. Hosted by the Stanford Federalist Society
Updated April 27, 2011Check out photos from the Joseph Gordon-Levitt talk.
hitRECORD.org is a project Joseph Gordon-Levitt started almost five years ago. They have evolved into a professional open production company that creates and develops art and media collaboratively. Rather than just exhibiting and admiring each other's work as isolated individuals, they invite users to gather and collectively work on projects together.
Andrew is a lawyer (Harvard '94) who has worked as Deputy Chief Technology Officer of the U.S. in the Obama White House, Director of Global Public Policy at Google, Vice President and Chief Policy Officer at ICANN, Senior Fellow at the Berkman Center, and as a member of the litigation team that successfully challenged the Communications Decency Act before the Supreme Court in 1997.Please RSVP for this free event.
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?