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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Anti-transparency
By Tom Rubin • February 8, 2011 at 9:25 am
Quoted verbatim from a recent DMCA takedown letter:
IMPORTANT NOTICE: None of the information contained in this legal notice is to be transmitted and/or released to any third party, including but not limited to Chilling Effects (chillingeffects.org), without the express written permission of the the copyright owner and or his agent. As stated in Section 512 of the Digital Millennium Copyright Act, and in the normal course of processing and notifying the infringing counter party, recipient must only include information specific to that counter party's infringement and must not include this entire notice. Any re-transmission in whole or in part of this legal notice by the intended recipient will be a direct violation of U.S. and International Copyright Law and will be prosecuted to the fullest extent of the law by the copyright owner.
Please also note that with the express permission of the copyright owner, in addition to being forwarded to certain members of the United States Congress and the U.S. Department of Justice, MiMTiD will send this legal notice to a third-party that aggregates repeat infringer data gathered by different agencies and infringement mitigation service companies around the globe and provides centralized access to that data to be used by global policy makers and law enforcement agencies to create and enforce copyright law. As such, this legal notice will included in The Chilling Report (http: //www.chillingreport.com). To obtain secure access to the Chilling Report please email The Chilling Report at xxxxx @chillingreport.com or call (713) xxx-xxxx.
This is a step in the opposite direction of optimizing copyright for the cloud, which was the subject of my remarks at the WIPO conference in November. Read more » about Anti-transparency
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Seeking Happily Ever After
By Documentary Film Program • February 3, 2011 at 11:33 am
This award-winning feature-length documentary details why there are more single 30-something women in the U.S. Read more » about Seeking Happily Ever After
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(Updated) Golan v. Holder Heads To Supreme Court
By Anthony Falzone • February 2, 2011 at 10:16 am
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Gio Wiederhold Follows the Intellectual Property Money
By Stuart Soffer • January 30, 2011 at 2:08 pm
Emeritus Stanford Computer Science Professor Gio Wiederhold provides in the January 2011 issue of Communications of the ACM (1) (the monthly journal of the professional society for Computer Scientists) an article titled Follow the Intellectual Property. The theme of his paper is that the offshoring of IP (actually domiciling the IP for sheltering royalty purposes in an off-shore tax haven such as the Cayman Islands) works to the disadvantage of US employees. Profits sheltered are not repatriated, but instead are used to seed and hire other offshore developments for the patent owners. Read more » about Gio Wiederhold Follows the Intellectual Property Money
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Shloss v. Estate of Joyce - Order Denying Motion to Dismiss
Publication Date:February 9, 2007Publication Type:Litigation Brief -
Shloss v. Estate of Joyce - Opposition to the Joyce Estate's Motion to Dismiss
Author(s):Anthony FalzoneDavid OlsonLawrence LessigPublication Date:December 15, 2006Publication Type:Litigation Brief -
Shloss v. Estate of Joyce - Motion to Dismiss
Publication Date:November 16, 2006Publication Type:Litigation Brief -
Shloss v. Estate of Joyce - Amended Complaint
Author(s):Anthony FalzoneDavid OlsonJennifer GranickLawrence LessigPublication Date:October 25, 2006Publication 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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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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Famed quotation isn't dead -- and could even prove costly
Date published:November 6, 2012"Fair use is a "very gray area," says Julie Ahrens, who runs the Fair Use Project at Stanford University's Center for Internet and Society. "There are lots of things that are not clear."" Read more » about Famed quotation isn't dead -- and could even prove costly
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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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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 -
Taking Forgetting Seriously - 2012 STLR Symposium - First Amendment Challenges in the Digital (Video)
February 28, 2012
STLR Symposium 2012 - Co-Hosted by the Center for Internet and Society Read more » about Taking Forgetting Seriously - 2012 STLR Symposium - First Amendment Challenges in the Digital (Video)
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First Amendment Architecture - STLR Symposium 2012 - First Amendment Challenges in the Digital Age (Audio)
February 28, 2012
STLR Symposium 2012 - Co-Hosted by the Center for Internet and Society
February 10, 2012 -
Taking Forgetting Seriously - 2012 STLR Symposium - First Amendment Challenges in the Digital Age (Audio)
February 28, 2012
STLR Symposium 2012 - Co-Hosted by the Center for Internet and Society Read more » about Taking Forgetting Seriously - 2012 STLR Symposium - First Amendment Challenges in the Digital Age (Audio)