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 working 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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Could Overreaction to Cybersecurity Threats Hurt Transparency at Home?
By David Levine • June 12, 2013 at 2:09 pm
Last week, President Obama met with Chinese President Xi Jinping to discuss the ongoing problem of Chinese cyber espionage. The Obama administration has recently detailed increased efforts by some companies and their governments (most notably Chinese on both counts) to steal valuable information from the U.S. Read more » about Could Overreaction to Cybersecurity Threats Hurt Transparency at Home?
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Publicity Rights vs. Public Interest: Fair Use Project Files Brief in Support of Petition for Rehearing En Banc in Hart v. EA
By Tim Greene • June 5, 2013 at 10:42 am
Should individuals hold veto power over depictions of reality? That's the question at the heart of Hart v. Electronic Arts, Inc., and we here at the Fair Use Project think the answer is a resounding "no." Read more » about Publicity Rights vs. Public Interest: Fair Use Project Files Brief in Support of Petition for Rehearing En Banc in Hart v. EA
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Second Circuit Victory for Richard Prince and Appropriation Art
By Julie Ahrens • April 25, 2013 at 6:12 pm
Today the Second Circuit Court of Appeals issued a long-awaited decision in favor of fair use in Cariou v. Prince. Reversing the district court’s finding of infringement, the Court held that Richard Prince’s use of Patrick Cariou’s photographs in 25 of his 30 Canal Series paintings was a fair use. The decision affirms an important tradition in modern art that relies on the appropriation of existing images to create highly expressive works with new meaning. Read more » about Second Circuit Victory for Richard Prince and Appropriation Art
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A Big Week for News in Internet Policy
By Jennifer Granick • April 25, 2013 at 4:26 pm
This has been a busy Internet law week. I'd like to sum up some of the more interesting developments: Read more » about A Big Week for News in Internet Policy
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Lang v. Morris - Defendant's Reply Memorandum of Law in support of their Motion for Summary Judgment
Author(s):Julie AhrensPublication Date:September 24, 2012Publication Type:Litigation Brief -
The Knockoff Economy: How Imitation Sparks Innovation
Author(s):Christopher SprigmanPublication Date:September 17, 2012Publication Type:Book -
Lang v. Morris - Plaintiffs' Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment
Publication Date:September 10, 2012Publication Type:Litigation Brief -
Lang v. Morris - Defendant's Memorandum of Law in Opposition to Plaintiffs' Motion for Summary Judgment
Author(s):Julie AhrensPublication Date:September 10, 2012Publication Type:Litigation Brief
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Lang v. Morris
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. Read more » about Lang v. Morris
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Associated Press v. Meltwater
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. Read more » about Associated Press v. Meltwater
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Cariou v. Prince
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. Read more » about Cariou v. Prince
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Golan v. Holder
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. Read more » about Golan v. Holder
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EFF urges judge to protect fair use of news coverage
Date published:January 19, 2013 -
The Knockoff Economy: How Imitation Sparks Innovation
Date published:January 9, 2013"The justification for creating temporary monopolies through patents and copyrights is that they encourage creative activity that would not otherwise take place. But Raustiala and Sprigman argue that imitation -- which music labels and movie studios often consider theft -- frequently stimulates creativity rather than discouraging it." Read more » about The Knockoff Economy: How Imitation Sparks Innovation
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Microsoft, Nokia, Black Rain: Intellectual Property
Date published:December 25, 2012The Electronic Frontier Foundation hired Daniel Nazer as a staff attorney, the San Francisco-based digital rights advocacy group said in a statement. Read more » about Microsoft, Nokia, Black Rain: Intellectual Property
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Is That A Budweiser In Your Hand?: Product Placement, Booze, And Denzel Washington
Date published:November 27, 2012""It's not something you're legally required to do," says Daniel Nazer, a resident fellow at Stanford Law School's Fair Use Project. "There's a big distinction between the culture of the content industry and the law."" Read more » about Is That A Budweiser In Your Hand?: Product Placement, Booze, And Denzel Washington
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Legal Frontiers in Digital Media (Past Event)
May 21, 2012Stanford UniversityA joint conference of the Media Law Resource Center and the Center for Internet & Society.
This intensive two-day event is designed for lawyers and Web publishing professionals responsible for sorting out the emerging legal issues surrounding the distribution of content on digital platforms.
The conference will explore:
Content monetization and the mechanics and business models for digital media.
The operational side of social media.
Anonymity and social responsibility on the internet. Read more » about Legal Frontiers in Digital Media -
Is Your ISP Becoming A Copyright Cop? (Past Event)
May 3, 2012Room 95 - Stanford Law School
Is Your ISP Becoming A Copyright Cop? The Graduated Response Program and "Voluntary" Efforts to Police Online InfringementLunch time talk with Corynne McSherry - EFF Intellectual Property Director -
Digital Public Library of America - West (Past Event)
April 27, 2012San Francisco, caDPLA West—taking place on April 27, 2012 in San Francisco—is the second major public event bringing together librarians, technologists, creators, students, government leaders, and others interested in building a Digital Public Library of America. Convened by the DPLA Secretariat at the Berkman Center for Internet & Society and co-hosted by the San Francisco Public Library, the event will assemble a wide range of stakeholders in a broad, open forum to facilitate innovation, collaboration, and connections across the DPLA effort. DPLA West will also showcase the work of the interim technical development team and continue to provide opportunities for public participation in the work of the DPLA. Read more » about Digital Public Library of America - West
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Screening of No Way Out But One (Past Event)
April 22, 2012Larkspur, CACome see the Bay Area screening of Documentary Film Program participant No Way Out But One. This inspiring true story is about Holly Collins and her children—the first U.S. citizens to be awarded asylum by the Netherlands for protection from domestic violence.
Lark Theater, Larkspur, CA
$20 Donation
Q & A with Garland Waller after the screening Read more » about Screening of No Way Out But One
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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) -
First Amendment Architecture - STLR Symposium 2012 - First Amendment Challenges in the Digital Age (Video)
February 29, 2012
STLR Symposium 2012 - Co-Hosted by the Center for Internet and Society
February 10, 2012