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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First Amendment Challenges in the Digital Age
By Marvin Ammori • January 31, 2012 at 6:43 am
Next Friday, February 10, the Stanford Technology Law Review is holding its annual symposium, and this year's topic is an important one: First Amendment Challenges in the Digital Age. Of the three panels, one is devoted to privacy and another to copyright. The third is devoted to a long, ambitious law review article ... written by me. Read more » about First Amendment Challenges in the Digital Age
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Fire in the Blood
By Documentary Film Program • January 26, 2012 at 4:03 pm
An intricate tale of “monopoly, medicine and mass murder”, FIRE IN THE BLOOD is the story of how Western governments acting on behalf of pharmaceutical companies blocked access to low-cost AIDS drugs for the Third World in the years after 1996 – causing ten million or more unnecessary deaths – and the improbable group of people who decided to fight back. Read more » about Fire in the Blood
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Megaupload: A Lot Less Guilty Than You Think
By Jennifer Granick • January 26, 2012 at 11:47 am
The recent Department of Justice decision to indict Megaupload for copyright infringement and related offenses raises some very thorny questions from a criminal law perspective. A few preliminaries: I’m responsible for the musings below, but I thank Robert Weisberg of Stanford Law School for taking the time to talk through the issues and giving me pointers to some relevant cases. Also, an indictment contains unproven allegations, and the facts may well turn out to be different, or to imply different things in full context.
DMCA SAFE HARBOR: BELIEVE IT AND IT WILL BECOME REAL: As a matter of criminal law, the discussion of whether Megaupload did what it needed to do to qualify for the DMCA Safe Harbor misses the point. Did they register an agent? Did they have a repeat infringer policy? These are all interesting CIVIL questions. But from a criminal law perspective, the important question is did Defendants BELIEVE they were covered by the Safe Harbor? This is because criminal infringement requires a showing of willfulness. The view of the majority of Federal Courts is that “willfulness” means a desire to violate a known legal duty, not merely the will to make copies. Read more » about Megaupload: A Lot Less Guilty Than You Think
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CIS Is Going Dark To Stop SOPA
By Anthony Falzone • January 17, 2012 at 10:45 am
A wave of opposition has crashed over the House's Stop Online Piracy Act (SOPA) and the Senate's Protect I.P. Act (PIPA) based on the tremendous threat they pose to free speech and innovation online. It appears the House may be poised to abandon SOPA after the White House issued a statement making clear it would not support the bill. But the Senate is still pressing ahead with PIPA's most dangerous provisions intact, including those that would force internet service providers to block access to entire sites through DNS blocking and other means that threaten both the universality and the security of the internet itself.
If this legislation passes -- in this version or another -- legitimate websites will be threatened. Some will disappear. Tomorrow, the CIS website will disappear (along with many others) to protest the misguided approaches SOPA and PIPA employ, and to demonstrate the threat they pose. We'll be back on Thursday. In the meantime, read up on the dangers these bills pose, and what you can do to make a difference.
If you want take your site down, here are some tools from CloudFlare and Webmonkey that make it easy. Read more » about CIS Is Going Dark To Stop SOPA
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Golan v. Holder - Plaintiffs' Reply in support of their Rule 56(f) Motion
Author(s):Colette VogeleLawrence LessigPublication Date:August 10, 2004Publication Type:Litigation Brief -
Golan v. Holder - Government's Opposition to Plaintiffs' Motion for Leave to Amend the Complaint
Publication Date:August 9, 2004Publication Type:Litigation Brief -
Golan v. Holder - Government's Motion for Protective Order Staying Discovery
Publication Date:August 6, 2004Publication Type:Litigation Brief -
Golan v. Holder - Government's Opposition to Plaintiffs' Rule 56(f) Motion
Publication Date:August 2, 2004Publication Type:Litigation Brief
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Fairey v. The Associated Press
We represented visual artist Shepard Fairey in connection with the AP’s claim that his iconic “Hope” poster in support of President Obama’s campaign infringes the AP’s copyrights. We represented Fairey because we believe his artistic transformation of a news photograph to convey a political message fell within the protection of the fair use doctrine and presented an important example of why fair use is essential for free expression. Read more » about Fairey v. The Associated Press
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Shloss v. Estate of Joyce
After the Estate of James Joyce refused to allow a scholar to quote Joyce in her book, we successfully defended her right under the fair use doctrine to use the quotes she needed to illustrate her scholarship. After we prevailed in the case, the Estate paid $240,000 of our client’s legal fees. Read more » about Shloss v. Estate of Joyce
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Brave New Films v. Savage
After Original Talk Radio Network, the nationwide distributor of Michael Savage’s radio show, issued a takedown notice against a video critical of Savage’s portrayal of Muslims, we filed a lawsuit that convinced the company to withdraw its objections to our client’s film. Read more » about Brave New Films v. Savage
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Salinger v. Colting, et al.
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. Read more » about Salinger v. Colting, et al.
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Why Hollywood Studios Care About the NFL's Baltimore Ravens Logo
Date published:April 9, 2013The MPAA says that if an artist suing the league is victorious at an appeals court, it could raise problems for movies containing logos, signs, billboards and other copyrighted works. Read more » about Why Hollywood Studios Care About the NFL's Baltimore Ravens Logo
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Ravens Logo Appeal Threatens Filmmaker Rights, MPAA Says
Date published:April 9, 2013Julie Ahrens, an attorney for the amici, noted Tuesday that the MPAA, the International Documentary Association and Film Independent aren't always necessarily on the same side of the fair use issue. The fact that they all teamed up in this case testifies to the importance of the kind of uses that could be affected by the appeals court's ruling, as well as the well-settled state of the legal precedent in this area, she said.
“We don't want the Fourth Circuit to jeopardize that case law,” she told Law360. Read more » about Ravens Logo Appeal Threatens Filmmaker Rights, MPAA Says
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EFF patent lawyer rates lawyer-rating patent ‘terrible’
Date published:April 4, 2013""It's a terrible patent," says Daniel Nazer, a staff attorney for the Electronic Frontier Foundation and its exemplary Patent Busting Project. "It's a classic example of the patent office not doing a good job."" Read more » about EFF patent lawyer rates lawyer-rating patent ‘terrible’
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Comment: AP win in copyright ruling could put search startups at risk
Date published:March 22, 2013“What I find troubling about it is that she keeps distinguishing Meltwater versus ‘legitimate’ online search tools, but it’s not really clear what that definition is,” Julie Ahrens, director of copyright and fair use for the Stanford Law School’s Center for Internet & Society, told MLex in an interview Friday.
Download PDF of Mlex article. Read more » about Comment: AP win in copyright ruling could put search startups at risk
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Incendiary Movie Screening - SF (Past Event)
February 8, 2012San FranciscoIncendiary, a participant in our Documentary Film Program, is screening tomorrow in San Francisco.
Purchase tickets. Read more » about Incendiary Movie Screening - SF
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How Public is the Public Domain? - Copyright Society 2012 Mid-Winter Meeting (Past Event)
February 3, 2012Los AngelesMid-winter meeting hosted by the Copyright Society. Six California-based associations promoting copyright law education and understanding are invited.
Anthony Falzone, Executive Director of the Fair Use Project, is par tof the panel: How Public is the Public Domain Read more » about How Public is the Public Domain? - Copyright Society 2012 Mid-Winter Meeting
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12/7 - What's Wrong with SOPA? (Past Event)
December 7, 2011Stanford Law School
RSVP for this free event today.
6:00pm Reception - Neukom Faculty Lounge - Neukom Building 7:00pm Panel - Room 290 - Law School Building Live streaming through UStream will be available and a final video recording will be available on our YouTube channel. Read more » about 12/7 - What's Wrong with SOPA? -
Meet the Center for Internet and Society (Past Event)
October 11, 2011Stanford Law SchoolLearn about the Center for Internet and Society. Come meet CIS and hear about our exciting work and ways to get involved. Learn about the Fair Use Project, Consumer Privacy Project, and more. Lunch will be provided. RSVP for this free event today. Read more » about Meet the Center for Internet and Society
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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)