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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Fair Use during submittal of prior art during patent prosecution: John Wiley & Sons v. McDonnell Boehnen
By Stuart Soffer • April 24, 2012 at 11:06 am
Dennis Crouch today reports on John Wiley & Sons v. McDonnell Boehnen Hulbert & Berghoff. The crux of this case concerns the disclosing and submitting material prior art to the patent office during patent prosecution. When this material consists of copyrighted articles like academic journals, problems may arise when subsequent copies are distributed within the law firm, retaining file copies, distribution of pdf’s, and use by a government agency. Read more » about Fair Use during submittal of prior art during patent prosecution: John Wiley & Sons v. McDonnell Boehnen
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Infrastructure: The Social Value of Shared Resources
By Brett Frischmann • April 2, 2012 at 12:20 pm
I am excited to announce that Oxford University Press has published my book, Infrastructure: The Social Value of Shared Resources. It has been almost a decade in the making, and I owe a debt of gratitude to the CIS community, especially Barbara van Schewick and Larry Lessig, for support along the way. I will post more about the book in the next few weeks, but here are some links and a short abstract: Read more » about Infrastructure: The Social Value of Shared Resources
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No Way Out But One
By Documentary Film Program • March 29, 2012 at 12:00 am
In 1994 Holly Collins became an international fugitive, hunted by the FBI after she grabbed her three children and went on the run. Holly felt she had no choice after a family court had dismissed her as crazy, ignored her children’s pleas, Holly’s broken nose, her son’s fractured skull, her daughter’s graphic pictures and mounds of medical evidence and gave full custody of Zackary and Jennifer to their abusive father. Holly came to believe she and the children had No Way Out But One. Read more » about No Way Out But One
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A Rosenhan Experiment for the PTO
By Daniel Nazer • March 8, 2012 at 12:49 pm
How accurate is the Patent and Trademark Office? Can its examiners tell good patents from bad? Read more » about A Rosenhan Experiment for the PTO
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Golan v. Holder - ACLU Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation BriefAmerican Civil Liberties Union Supreme Court amicus brief in support of Petitioners. Read more » about Golan v. Holder - ACLU Supreme Court Amicus Brief in support of Golan
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Golan v. Holder - Public Domain Interests' Supreme Court Amicus Brief in support of Golan
Author(s):Jennifer UrbanPublication Date:June 21, 2011Publication Type:Litigation Brief -
Golan v. Holder - Information Society Project Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation BriefBRIEF OF AMICI CURIAE, INFORMATION SOCIETY PROJECT AT YALE LAW SCHOOL PROFESSORS AND FELLOWS, IN SUPPORT OF THE PETITIONERS Read more » about Golan v. Holder - Information Society Project Supreme Court Amicus Brief in support of Golan
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Golan v. Holder - Public Knowledge Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication 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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Alcohol in "Flight" puts trademark laws in focus
Date published:November 6, 2012"Trademark laws "don't exist to give companies the right to control and censor movies and TV shows that might happen to include real-world items," said Daniel Nazer, a resident fellow at Stanford Law School's Fair Use Project." Read more » about Alcohol in "Flight" puts trademark laws in focus
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Inspiration Is the Sincerest Form of Flattery
Date published:October 19, 2012 -
Indicted Megaupload founder plans site reboot
Date published:October 11, 2012 -
Your right to resell your own stuff is in peril
Date published:October 7, 2012“It would be absurd to say anything manufactured abroad can’t be bought or sold here,” said Marvin Ammori, a First Amendment lawyer and Schwartz Fellow at the New American Foundation who specializes in technology issues. Read more » about Your right to resell your own stuff is in peril
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3D Printing: Is the Law Ready for the Future? (Past Event)
May 16, 2013Stanford Law School -
Legal Frontiers in Digital Media (Past Event)
May 16, 2013Stanford UniversityThis intensive event over two days is designed for lawyers and Web publishing professionals responsible for sorting out the emerging legal issues surrounding the distribution of content on digital platforms. Read more » about Legal Frontiers in Digital Media
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We Robot: Getting Down to Business (Past Event)
April 8, 2013Stanford Law SchoolThe program committee for We Robot: Getting Down To Business invites you to join us for the second annual robotics and the law conference to take place April 8 and 9 at Stanford Law School. This year’s event is focused on the immediate commercial prospects of robotics and will include panels and papers on a wide variety of topics, including: Read more » about We Robot: Getting Down to Business
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Fair Use: Now More than Ever (Past Event)
March 12, 2013South by Southwest (SXSW)Presenter: Julie Ahrens
Fair Use is an important doctrine allowing use of copyrighted works without the owner’s consent in certain situations. But documentary filmmakers and producers of online content under utilize the fair use doctrine in their work. The creation and circulation of information to the public, and public debate, is shaped and limited as a result. This session will explore the fundamentals of fair use, as well as what may and may not be permissible, best practices and new developments. Read more » about Fair Use: Now More than Ever
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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)