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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Opposition To SOPA Continues To Grow
By Anthony Falzone • November 15, 2011 at 11:36 am
Representatives Anna Eshoo and Zoe Lofgren joined eight other members of Congress in urging the House Judiciary Committee to reject SOPA because it would cause "serious and long term damage to the technology industry" -- "one of the few bright spots in our economy."
Nine of the leading internet companies, including Google, Facebook, Twitter and Zynga also sent a letter to key member of the Committee explaining that SOPA would jeopardize protections that "have been a cornerstone of the U.S. Internet and technology industry’s growth and success."
Both letters are attached below, and you can find lots more information on the Protect Innovation homepage. Read more » about Opposition To SOPA Continues To Grow
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David Post: Occupy Hollywood (and stop SOPA)
By Anthony Falzone • November 4, 2011 at 12:24 pm
Last July, I signed on to a letter from more than 100 law professors urging Congress to reject the PROTECT-IP Act. A new version of that bill -- referred to as both the E-PARASITE Act and SOPA -- was introduced in the House last week, and it is even more dangerous than its predecessors. See David Post's critique at the Volokh Conspiracy. Hear Mark Lemley's discussion on APM's Marketplace. Once you do, you'll probably ask "what can I do to stop this?" You can start by signing this petition at whitehouse.gov, and using this tool from EFF to write your Senator and Congressperson -- wherever you live. Read more » about David Post: Occupy Hollywood (and stop SOPA)
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Fair Use Project Teams Up With Andy Warhol Foundation To Urge Second Circuit To Provide Broader Fair Use Protection For Artists
By Anthony Falzone • November 3, 2011 at 2:00 pm
Last March, a Manhattan district court issued an order declaring thirty paintings by the renowned artist Richard Prince unlawful, and issued an injunction that led to the seizure and potential destruction of his work. It did so because Prince’s paintings used images of Rastafarians that Prince found in Patrick Cariou’s book, Yes, Rasta. Yesterday, we filed an amicus brief on behalf of The Andy Warhol Foundation for the Visual Arts urging the Second Circuit to reverse that decision. (The Warhol Foundation's press release is here.)
Read more » about Fair Use Project Teams Up With Andy Warhol Foundation To Urge Second Circuit To Provide Broader Fair Use Protection For Artists -
New York Times on Golan v. Holder: "free speech rights should prevail"
By Anthony Falzone • October 12, 2011 at 8:28 am
This New York Times editorial hits the nail on the head: active participation in the global economy does not justify the sacrifice of important First Amendment rights. Read more » about New York Times on Golan v. Holder: "free speech rights should prevail"
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Golan v. Holder - Reply in support of Petition for a Writ of Certiorari
Author(s):Anthony FalzoneJulie AhrensPublication Date:January 31, 2011Publication Type:Litigation Brief -
Golan v. Holder - Government's Opposition to Petition for a Writ of Certiorari
Publication Date:January 19, 2011Publication Type:Litigation Brief -
Sony v. Tenenbaum - Amicus Brief
Author(s):Anthony FalzoneJulie AhrensPublication Date:January 3, 2011Publication Type:Litigation BriefWe 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. Read more » about Sony v. Tenenbaum - Amicus Brief
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Golan v. Holder - Internet Archive's Amicus Brief in support of Golan's Petition for a Writ of Certiorari
Publication Date:November 29, 2010Publication Type:Litigation Brief
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Associated Press v. Meltwater
Meltwater News ("Meltwater") is a search engine and research tool that allows users to search for and obtain information about news items that have been made publicly available on the Internet. Read more » about Associated Press v. Meltwater
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Cariou v. Prince
We filed an amicus brief in the Second Circuit on behalf of The Andy Warhol Foundation for the Visual Arts urging the appeals court to reverse a district court decision that ignored established fair use principles that many artists rely upon in creating their work. Read more » about Cariou v. Prince
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Golan v. Holder
The FUP filed this suit on behalf of a University of Denver conductor and others, challenging Congress’s restoration of copyright to works that had entered the public domain. Read more » about Golan v. Holder
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Sony v. Tenenbaum
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. Read more » about Sony v. Tenenbaum
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Why Can’t We Take Pictures in Art Museums?
Date published:May 13, 2013"According to Julie Ahrens, a lawyer who specializes in issues of copyright and fair use at the Center for Internet and Society at Stanford University, a photograph of an artwork could be considered a “derivative work,” which is “potentially a violation of the copyright holder.”" Read more » about Why Can’t We Take Pictures in Art Museums?
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Analysis: 'Landmark' ruling says commentary not needed for fair use defense
Date published:April 26, 2013""It's likely a landmark decision on the issue of appropriation art and what you can do with the existing work," said Julie Ahrens, of the Stanford Law Center for Internet and Society." Read more » about Analysis: 'Landmark' ruling says commentary not needed for fair use defense
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Feed Me, See More
Date published:April 25, 2013"“The law has never required the kind of licensing that people have assumed is necessary,” says Julie Ahrens, director of copyright and fair use at Stanford University’s Center for Internet and Society." Read more » about Feed Me, See More
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Constitution USA with Peter Sagal
Date published:April 23, 2013CIS Director of Civil Liberties Jennifer Granick is interviewed in the PBS Show Constitution USA with Peter Sagal. Read more » about Constitution USA with Peter Sagal
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Intellectual Property and Individual Liberty: Friends or Foes (Past Event)
March 8, 2012Stanford Law SchoolHosted 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.
Read more » about Intellectual Property and Individual Liberty: Friends or Foes
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Copyright and the Public Domain After Golan (Past Event)
March 1, 2012Live WebinarGolan v. Holder involves a challenge to the constitutionality of the 1994 Uruguay Round Agreements Act (URAA), which restored copyright in foreign works previously in the public domain under U.S. copyright law. The plaintiffs in the case have challenged the URAA as contravening both the "limited times" requirement and the First Amendment. In October 2011, the Supreme Court heard oral arguments in the case and is expected to issue a ruling before June 2012. Read more » about Copyright and the Public Domain After Golan
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CIS Speakers Series - Sonia Katyal (Past Event)
February 23, 2012Stanford Law SchoolRSVP for this free event today.
Contrabrand: Art, Advertising and Property in the Age of Corporate Identity Read more » about CIS Speakers Series - Sonia Katyal
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Stanford Technology Law Review Symposium 2012 - First Amendment Challenges in the Digital Age (Past Event)
February 10, 2012Stanford Law SchoolThe Symposium, co-sponsored by Stanford’s Center for Internet and Society, took place on Friday, February 10, 2012. Scholars and noted practitioners from across the country joined STLR to discuss current and emerging issues in First Amendment law and the Internet. Read more » about Stanford Technology Law Review Symposium 2012 - First Amendment Challenges in the Digital Age
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PROTECT IP/SOPA - 2012 STLR Symposium - First Amendent Challenges in the Digital Age (Audio)
March 1, 2012
STLR Symposium 2012 - Co-Hosted by the Center for Internet and Society Read more » about PROTECT IP/SOPA - 2012 STLR Symposium - First Amendent Challenges in the Digital Age (Audio)
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PROTECT IP/SOPA - 2012 STLR Symposium - First Amendent Challenges in the Digital Age (Video)
March 1, 2012
STLR Symposium 2012 - Co-Hosted by the Center for Internet and Society
February 10, 2012
Audio VersionModerator: 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) -
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)