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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White House in Favor of Phone Unlocking! Now What?
By Jennifer Granick • March 5, 2013 at 3:15 pm
Yesterday, the White House declared "It's Time to Legalize Cell Phone Unlocking". The call was in immediate response to a petition with over 114,000 signatures on it, decrying the Librarian of Congress' decision last October to let lapse an exemption ensuring people who unlocked their phones would not be in violation of the anti-circumvention provisions of the Digital Millennium Copyright Act of 1998 (DMCA), Read more » about White House in Favor of Phone Unlocking! Now What?
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Call For Papers: Robotics and the Law Conference at Stanford Law School
By Ryan Calo • November 21, 2012 at 1:42 pm
The program committee of We Robot: Getting Down To Business invites submissions from legal scholars and roboticists to the second annual conference on robotics and the law, scheduled to take place April 8-9, 2013 at Stanford Law School. Read more » about Call For Papers: Robotics and the Law Conference at Stanford Law School
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Who owns a link? Google vs. European publishers...
By Christopher Sprigman • November 5, 2012 at 5:00 pm
We have a new post up on the Freakonomics blog about the dispute between Google and a group of European newspapers. Read more » about Who owns a link? Google vs. European publishers...
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Fair Use Prospers on Campus
By Daniel Nazer • October 19, 2012 at 2:42 pm
Last week’s decision in Authors Guild v. HathiTrust – upholding the Mass Digitization Project (MPD) – was a big victory for fair use. The MDP is a project where university libraries and Google have together digitized over 10 million books to allow for full-text searches, preservation, and access for people with print disabilities. When the Authors Guild sued for copyright infringement, HathiTrust defended the suit by arguing that the MDP is fair use.
Judge Baer upheld the MDP. His decision recognizes that the project is a massive public good: it is a tool for scholarship, prevents the loss of our cultural heritage, and provides unparalleled access for the visually impaired. Significantly, he found that these educational purposes are “transformational” in a way that supports fair use. Read more » about Fair Use Prospers on Campus
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Golan v. Holder - Google, Inc. Supreme Court Amicus Brief in support of Golan
Publication Date:June 21, 2011Publication Type:Litigation Brief -
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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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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Can You Trademark Your Pot?
Date published:August 27, 2012Kal Raustiala and Chris Sprigman, continuing their excellent blogging (soon to be in book form) about markets succeeding in absence of intellectual property, have taken a look at the question of whether or not different brands of marijuana can be covered by trademark. With the increasing legality of medical marijuana, it's not uncommon for different strands to get their own brands. However, as the two note, plant varieties cannot be trademarked, but you can build a brand on top of one. Read more » about Can You Trademark Your Pot?
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Copyright Vs. Creativity
Date published:August 24, 2012 -
Publicity rights up in the air
Date published:July 23, 2012The current crop of cases are an important opportunity for an appellate standard, said Julie Ahrens, an attorney and associate director of the Fair Use Project at Stanford Law School. Ahrens filed an amicus brief supporting Electronic Arts in the Hart case on behalf of three nonprofit organizations, including the Digital Media Law Project, and 10 individual law professors. "We're looking for a clear, predictable rule that limits the application of publicity rights and protects free speech rights," Ahrens said.
Read the full story at the original publication link below. Read more » about Publicity rights up in the air
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Christopher Sprigman on creativity without copyright
Date published:July 17, 2012
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2/2: Jonathan Band - The Path to Settlement in the Google Books Case (Past Event)
February 2, 2010Stanford Law SchoolJonathan Band graduated from Harvard College and Yale Law School. He was a partner at Morrison and Foerster in Washington DC for 13 years before starting his own legislative and appellate advocacy firm.Please join CIS and SLATA for a discussion of the terms in the amended settlement agreement in the Google Books case. Mr. Read more » about 2/2: Jonathan Band - The Path to Settlement in the Google Books Case
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1/11: RECAP the Law and the Movement to Free Government Records with Stephen Schultze (Past Event)
January 11, 2010Stanford Law SchoolStephen Schultze is Associate Director at the Center for Information Technology Policy at Princeton University. He comes most recently from the Berkman Center for Internet and Society at Harvard. His research focuses on government transparency, telecoms policy, and open source. He holds an M.S. from MIT’s Comparative Media Studies program and a B.A. in Computer Science.Join us for a talk on “RECAP the Law and the Movement to Free Government Records” given by Stephen Schultze, Associate Director at the Center for Information Technology Policy at Princeton University. Read more » about 1/11: RECAP the Law and the Movement to Free Government Records with Stephen Schultze
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10/28: Jonathan Zittrain - Civic Technologies and the Future of the Internet (Past Event)
October 28, 2009Stanford Law SchoolJoin us for a talk on Civic Technologies and the Future of the Internet by Jonathan Zittrain, Visiting Professor.
Co-hosted by the Robert Crown Law Library and the Center for Internet & Society.
Snacks & Home-baked sweets served! Feel free to bring a brown bag lunch. Read more » about 10/28: Jonathan Zittrain - Civic Technologies and the Future of the Internet
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10/12: Speaker Series - Mark Lemley - The Patent Crisis and How the Courts Can Solve It (Past Event)
October 12, 2009Stanford Law SchoolWidely recognized as a preeminent scholar of intellectual property law, Mark A. Lemley (BA '88) is an accomplished litigator—having litigated cases before the US Supreme Court, the California Supreme Court, and federal circuit courts—as well as a prolific writer with more than 100 published articles and six books. He has testified numerous times before Congress, the California legislature, the Federal Trade Commission, and the Antitrust Modernization Commission on patent, trade secret, antitrust, and constitutional law matters. He is also a partner and founder in the firm Durie Tangri LLP. Read more » about 10/12: Speaker Series - Mark Lemley - The Patent Crisis and How the Courts Can Solve It
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Derek Bambauer - Hearsay Culture Show #158 - KZSU-FM
February 27, 2012
A talk show on KZSU-FM, Stanford, 90.1 FM, hosted by CIS Affiliate Scholar David S. Levine. The show includes guests and focuses on the intersection of technology and society. How is our world impacted by the great technological changes taking place? Each week, a different sphere is explored. This week, David interviews Prof. Derek Bambauer of Brooklyn Law School, author of Orwell's Armchair. For more information, please go to http://hearsayculture.com. Read more » about Derek Bambauer - Hearsay Culture Show #158 - KZSU-FM
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What's Wrong With SOPA? - Video
December 8, 2011
A growing chorus of opposition has emerged around the Stop Online Piracy Act (SOPA) now pending in the House, as well as its Senate counterpart, the PROTECT-IP Act. If enacted, SOPA would provide unprecedented power for law enforcement and private actors to force service providers to block access to internet sites or shut off revenue streams. Read more » about What's Wrong With SOPA? - Video
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Helen Nissenbaum - Hearsay Culture Show #155 - KZSU-FM
December 8, 2011
A talk show on KZSU-FM, Stanford, 90.1 FM, hosted by Center for Internet & Society Resident Fellow David S. Levine. The show includes guests and focuses on the intersection of technology and society. How is our world impacted by the great technological changes taking place? Each week, a different sphere is explored. This week, David interviews Prof. Helen Nissenbaum of New York University, discussing Privacy in Context. For more information, please go to http://hearsayculture.com. Read more » about Helen Nissenbaum - Hearsay Culture Show #155 - KZSU-FM
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What's Wrong With SOPA? - Audio
December 8, 2011
A growing chorus of opposition has emerged around the Stop Online Piracy Act (SOPA) now pending in the House, as well as its Senate counterpart, the PROTECT-IP Act. If enacted, SOPA would provide unprecedented power for law enforcement and private actors to force service providers to block access to internet sites or shut off revenue streams. Read more » about What's Wrong With SOPA? - Audio