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.
The European Commission is making major steps forward in its new Digital Single Market strategy. One important part, the Platform Liability consultation, pointedly asked whether Internet intermediaries should “do more” to weed out illegal or harmful content on their platforms – in other words, to proactively police the information posted by users.
The Facebook Trending Topics controversy has been analyzed from many angles, but there's been virtually no attention paid to the single most troubling aspect of the story: a Senate inquiry into Facebook's editorial decision-making process. My Slate column on the issue is here.
Jonathan Taplin’s op-ed (Do You Love Music? Silicon Valley Doesn’t) in the May 20 edition of The New York Times perpetuates a powerful dichotomy that has come to dominate debates surrounding copyright reform, specifically with respect to the Digital Millennium Copyright Act (DMCA): you’re either for the "creative" types, or you’re for the "technology" types. Pick a side.
Defendant's reply brief in support of motion for attorneys' fees and costs.
Petition for Writ of Certiorari to the Supreme Court.
Plaintiffs' Opposition to Defendants' Motion for Attorneys' Fees and Costs.
Defendants' Memorandum in support of their Motion for Attorneys' Fees and Costs
We filed an amicus brief on behalf of the Electronic Frontier Foundation asking the First Circuit to affirm the district court’s reduced damages award in Sony v. Tenenbaum, a file-sharing case in which a jury originally ordered a college student to pay $675,000 for infringing copyright in 30 songs.
We filed an amicus brief in the Third Circuit on behalf of Brave New Films urging affirmance of the district court’s finding of fair use and rejection of plaintiff’s DMCA claims.
We filed an amicus brief in the Fourth Circuit in support of the Baltimore Ravens and the NFL urging the Fourth Circuit to grant rehearing or rehearing en banc, after a divided panel ruled that the Raven’s incidental use of a copyrighted logo in historical game films was not a fair use.
We defended a documentary filmmaker who was sued for copyright infringement for clips appearing in his documentary about Count Dante, an enigmatic, Chicago martial arts legend.
"If the violator keeps torrenting material, the copyright holder can file a “John Doe” lawsuit. Basically, the company sues hundreds or thousands of IP addresses, and a court can then order a university to divulge the names of the individual users through a subpoena, according to professor Annemarie Bridy of the University of Idaho College of Law.
News aggregation services, particularly Google News, appear to be under attack in several European countries. Belgium, Germany, and most recently Spain have tried to limit Google’s ability to aggregate news from news media sources in those countries, mainly by requiring Google to pay royalties to the publications that appear on Google News’ feed. Most U.S. news reports on these developments have been fairly basic, setting up a “Europe versus Google” conflict without giving much detail.
"Fenwick & West partner Andrew Bridges said clients Giganews and Livewire Services anticipate requesting about $650,000. Giganews is already asking for $6 million in attorney fees under the Copyright Act after winning summary judgment last fall. But Bridges said the sanctions order shines a light on the discovery conduct of a prominent copyright litigant that has settled many claims ahead of final judgments.
"No case has had a full picture of the way Perfect 10 conducts discovery," Bridges said."
"There is some cold comfort for the little guy whose stuff is copied or stolen by the big guy: "You do get free publicity," says UC Hastings professor Ben Depoorter. "It could be the best thing that happens to you.""
Join us for an evening conversation with CIS Executive Director of the Fair Use Project Anthony Falzone and Congressman Darrell Issa where they will discuss topics about SOPA, PIPA and internet freedom.
Hosted 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.
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?
This week, David Levine interviews Daniel Nazer, a Staff Attorney on the Electronic Frontier Foundation’s intellectual property team, focusing on patent reform.
This week, David Levine interviews Prof. Victoria Stodden of Columbia University.
CIS Affiliate Scholar David Levine interviews Prof. Deven Desai of Thomas Jefferson Law School, on 3D printing.