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 FBI investigates a grizzly murder. You are a bank president. The murderer stored his phone book in your bank's safety deposit box, the code for which is encrypted with copyrighted proprietary software, before he committed the murder. The FBI demands that you provide it with the master code for the box, which can be used to unlock other boxes, too. You can give the FBI the code, but should you? Apple CEO Tim Cook is asking himself the same question, his answer is rightly "no."
E. TV Networks has filed copyright infringement claims in federal district court against Google and sixteen YouTube users. The targeted users sent DMCA counter-notices to YouTube following E. TV’s requested takedowns of videos containing copyrighted material from performances by rapper Chief Keef. The users named in the case come from countries around the world, including the UK, Poland, and Mexico, in addition to the United States.
"No digital trespassing! Violators will be sued. Survivors will be sued again!" Ever seen that sign? Not likely. That's because, technically, there is no law against digital trespassing per se. This occurs when your grandma's new universal remote control climbs over, figuratively speaking, the encryption security fence on copyrighted content, such as the software to her old garage opener, so as to enable communication between the new control and old garage door opener.
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.
"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.""
"“While yoga certainly originated in India,” says Sonia Katyal, a law professor at Fordham University who specializes in intellectual property, “its widespread adoption in the West—including the hundreds of types of yogas created by enterprising westerners like mommy-and-me yoga, nude yoga, dog yoga—makes it a little harder to explain how its Indian origins are always essential the practice or characteristics of yoga today.”"
"Were Follett to take legal action, it would have a high bar to clear says Andrew Bridges, a partner at Fenwick and West who specializes in copyright law. “The object of intellectual property rights is emphatically not to restrict competition,” he says.
“What’s clear is that what this is really about is that one side is enabling comparisons in order to promote competition,” Bridges said. “And somebody really doesn’t like that competition.”"
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.