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 stints as General Counsel of entertainment company Worldstar Hip Hop and as counsel 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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Judge Alsup (ably) Explains It All To Us: Copyrightability of Certain Replicated Elements of the Java Application Programming Interface
By Stuart Soffer • June 1, 2012 at 11:24 am
Kudos to Judge Alsup for his order regarding copyrightability of software API's - for both for legal as well as technical explanations - in Oracle v Google. This aspect of the case is reminiscent of Java Wars Round 1 (Sun and Microsoft).
See, Order Re Copyrightability of Certain Replicated Elements of the Java Application Programming Interface, http://www.wired.com/wiredenterprise/wp-content/uploads//2012/05/Judge-A...
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Jennifer Granick to Direct New Civil Liberties Initiative at Stanford Law School Center for Internet and Society
By Center for Internet and Society • May 30, 2012 at 6:00 am
Stanford Law School today announced the appointment of Jennifer Stisa Granick as Director of Civil Liberties at the Center for Internet and Society (CIS). Granick will lead the Center’s work at the intersection of online technologies and civil liberties, with a particular focus on cybersecurity, national security, government surveillance and free speech. Read more » about Jennifer Granick to Direct New Civil Liberties Initiative at Stanford Law School Center for Internet and Society
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Commentary on Infrastructure: The Social Value of Shared Resources
By Brett Frischmann • May 3, 2012 at 8:35 am
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: Read more » about Commentary on Infrastructure: The Social Value of Shared Resources
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A Glance Inside The Clearance Culture
By Daniel Nazer • April 26, 2012 at 1:33 pm
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. Read more » about A Glance Inside The Clearance Culture
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Golan v. Holder - Cato Instiute Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation Brief -
Golan v. Holder - Justice and Freedom Fund's Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation Brief -
Golan v. Holder - American Library, et al. Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation BriefBRIEF AMICI CURIAE OF AMERICAN LIBRARY ASSOCIATION, ASSOCIATION OF COLLEGE AND RESEARCH LIBRARIES, ASSOCIATION OF RESEARCH LIBRARIES, UNIVERSITY OF MICHIGAN DEAN OF LIBRARIES, INTERNET ARCHIVE AND WIKIMEDIA FOUNDATION IN SUPPORT OF PETITIONERS Read more » about Golan v. Holder - American Library, et al. Supreme Court Amicus Brief in support of Golan
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Golan v. Holder - Google, Inc. Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation Brief
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Gaylord v. U.S. Postal Service
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. Read more » about Gaylord v. U.S. Postal Service
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Rowling v. RDR Books
We defended the publisher of the Harry Potter Lexicon against suit from J.K. Rowling and Warner Brothers. Read more » about Rowling v. RDR Books
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Lennon v. Premise Media
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. Read more » about Lennon v. Premise Media
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Kahle v. Gonzales
In this case, two archives challenged statutes that extended copyright terms unconditionally—the Copyright Renewal Act and the Copyright Term Extension Act (CTEA)—as unconstitutional under Copyright Clause and the First Amendment. Read more » about Kahle v. Gonzales
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Internet memes: copyright licensing in an IP minefield
Date published:March 1, 2013"“A lot of his own original expression went into making that poster, notwithstanding the fact that he used an AP photograph as a reference,” says Julie Ahrens, director of copyright and fair use in Stanford Law School’s Center for Internet and Society, and a member of the Fair Use Project." Read more » about Internet memes: copyright licensing in an IP minefield
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Why the Rick Ross Case May Change Hip Hop
Date published:February 12, 2013"According to Julie Ahrens, director of Copyright and Fair Use at Stanford University's Center for Internet and Society, that's because such bandied-about issues as fair use, parody, and obscenity don't figure neatly with the suit and the parties involved." Read more » about Why the Rick Ross Case May Change Hip Hop
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Podcasters Prepare for War Against ‘Podcast Patent’ Owner Personal Audio
Date published:February 12, 2013"“We think Personal Audio's podcasting claims are a classic example of an over-broad software patent,” EFF staff attorney Daniel Nazer wrote in an email to Backstage." Read more » about Podcasters Prepare for War Against ‘Podcast Patent’ Owner Personal Audio
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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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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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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)
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Sonia Katyal - Contrabrand: Art, Advertising and Property in the Age of Corporate Identity (Video)
March 7, 2012
In her talk, based on her forthcoming book from Yale Press, Contrabrand: Art, Advertising and Property in the Age of Corporate Identity, Sonia Katyal will discuss the intersection of art, commercial speech, and trademark law within the First Amendment, and will show how the law has shifted in response to the constitutional challenges the branding movement has created. In her talk, Katyal will focus on the "antibranding" movement in popular art and culture, which she defines to include the expressive activities of artists and activists who direct their energies towards challenging corporate branding. The greatest threat to cultural and artistic freedom, she argues, stems not from the pervasive power of the government, but instead from the powerful reach of corporate branding over artistic and consumer response. Read more » about Sonia Katyal - Contrabrand: Art, Advertising and Property in the Age of Corporate Identity (Video)
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PROTECT IP/SOPA - 2012 STLR Symposium - First Amendent Challenges in the Digital Age (Audio)
March 1, 2012
STLR Symposium 2012 - Co-Hosted by the Center for Internet and Society Read more » about PROTECT IP/SOPA - 2012 STLR Symposium - First Amendent Challenges in the Digital Age (Audio)
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PROTECT IP/SOPA - 2012 STLR Symposium - First Amendent Challenges in the Digital Age (Video)
March 1, 2012
STLR Symposium 2012 - Co-Hosted by the Center for Internet and Society
February 10, 2012
Audio VersionModerator: Declan McCullagh, Chief Political Correspondent, CNET
Panelists:
Corynne McSherry, Intellectual Property Director, Electronic Frontier Foundation;
Mike Masnick, Editor, Techdirt Blog;
Betsy Zedek, Senior Counsel, Content Protection, Fox Group Legal
A.J. Thomas, Partner, Jenner & Block Read more » about PROTECT IP/SOPA - 2012 STLR Symposium - First Amendent Challenges in the Digital Age (Video)