SOPA/PIPA Copyright Bills Also Target American Sites
By Marvin Ammori • December 30, 2011 at 9:00 pm
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.
By Marvin Ammori • December 30, 2011 at 9:00 pm
By Marvin Ammori • December 8, 2011 at 12:07 pm
By Zohar Efroni • November 24, 2011 at 12:51 pm
Per today's ruling, injunctions against European ISPs requiring them to apply filtering tools that monitor traffic to prevent copyright infringement officially violate EU law. The Scarlet decision puts a major stick in the wheel of wholesale copyright holders fighting against file sharing activities. With the expected implementation of the ACTA in mind, this ruling by the European Court of Justice (ECJ) will likely affect both prospective copyright legislation in Europe and offensive strategies of rights holders in their operations against intermediaries. Read more » about The ECJ's Scarlet Decision: No Broad Filtering Duty for European ISPs
By Julie Ahrens • November 16, 2011 at 3:13 pm
Today Congress held hearings on the latest IP legislation, the Stop Online Piracy Act (SOPA). We are taking part in American Censorship Day to help spread the word and stop this bill. We’ve outlined five of the most important problems with SOPA.
1. SOPA violates due process. Under SOPA, any private copyright or trademark owner can cut-off advertising and payments to any website by alleging that the operator “avoid[ed] confirming a high probability” that “a portion” of its site is being used to infringe copyrights. Advertisers and payment companies (e.g. Visa, Mastercard, and PayPal) are then required to stop doing business with that site. It seems likely that content owners (or people merely claiming to be content owners) will often succeed in shutting down websites without ever going to court. The proposed legislation also gives the Attorney General and the Justice Department the power to shut down websites before they are actually judged infringing. Courts will be able to order any Internet service provider to stop recognizing an accused site immediately upon application by the Attorney General, after an ex parte hearing. By failing to guarantee the challenged websites notice or an opportunity to be heard in court before their sites are shutdown, SOPA violates due process. Read more: Letter to Congress from over 100 law professors techdirt explains that SOPA would create the Great Firewall of America.
Read more » about Stop Censorship: The Problems With SOPAWe 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
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
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
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.
"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
The 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
""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
"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
Andrew is a lawyer (Harvard '94) who has worked as Deputy Chief Technology Officer of the U.S. in the Obama White House, Director of Global Public Policy at Google, Vice President and Chief Policy Officer at ICANN, Senior Fellow at the Berkman Center, and as a member of the litigation team that successfully challenged the Communications Decency Act before the Supreme Court in 1997.Please RSVP for this free event. Read more » about 2/10: CIS Speaker Series - Andrew McLaughlin: How To Get A Job in Tech Policy
Join EFF for a fundraising event featuring award-winning writer Cory Doctorow. Cory will be reading from his newly released novel, For the Win. This is his first visit to the Bay Area in over a year, so don't miss your opportunity to hear him read from his ground-breaking new work. Read more » about 5/19: EFF Geek Reading with Cory Doctorow
For more information and to register for this event please visit: http://mlrc-digitallaw.stanford.edu/
A joint conference of:
• Media Law Resource Center
• Stanford Law School Center for Internet & Society
• John S. Knight Journalism Fellowships at Stanford
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. Read more » about 5/6: Legal Frontiers in Digital Media
The Open Video Alliance is teaming up with the Harvard Berkman Center to deliver a global webcast of a talk by Lawrence Lessig. It's happening February 25th from 6:00 to 7:30 EST, live from Cambridge, MA. Along with the Cambridge event, OVA is hosting live webcast screenings around the world with special guests. The event hosted by the Stanford Fair Use Project will feature a live VJ mashup with Eclectic Method. Read more » about 2/25: Wireside Chat with Lawrence Lessig (featuring Eclectic Method)
March 1, 2012
STLR Symposium 2012 - Co-Hosted by the Center for Internet and Society
Moderator: 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)
February 29, 2012
STLR Symposium 2012 - Co-Hosted by the Center for Internet and Society
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)
February 28, 2012
STLR Symposium 2012 - Co-Hosted by the Center for Internet and Society