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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Podcast 411 with Rob Welch
By Colette Vogele • December 6, 2006 at 1:05 pm
Rob Welch, author of Tricks of the Podcasting Masters, interviewed me recently about the Podcasting Legal Guide and my forthcoming podcast series that will address the legal questions of podcasters and video bloggers. (Yes, you read that correctly... I'll soon move from just speaking about podcasts and law, and actually enter the ranks as a podcaster myself.) Read more » about Podcast 411 with Rob Welch
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Update: Shloss v. Estate of James Joyce
By Sarah Craven • December 5, 2006 at 2:20 pm
This post is to update everyone on the progress of the litigation between Carol Shloss and the Estate of the late literary genius, James Joyce. As this Website’s predecessor likely revealed, this case focuses on the extent the fsir use doctrine provides protections to academics to quote from both published and unpublished works in their scholarly endeavors, and how far a copyright owner can go in prohibiting that use to protect a families’ privacy. Read more » about Update: Shloss v. Estate of James Joyce
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Plaintiffs' Motion to Have the Court Reconsider Its Order to Have BT Recreate "Aparthenonia" and BT's Opposition to that Motion.
By Josh Davis • December 4, 2006 at 11:15 pm
After the Court reserved judgment on BT's summary judgment motion pending his recreation of "Aparthenonia" from scratch, plaintiffs moved to have the Court reconsider its decision under Local Rule 6.3. Plaintiffs argue that the Court did not have the authority to ask BT to recreate "Aparthenonia" and that in doing so the Court misconstrued or ignored the applicable law. Read more » about Plaintiffs' Motion to Have the Court Reconsider Its Order to Have BT Recreate "Aparthenonia" and BT's Opposition to that Motion.
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Plaintiffs' Opposition to Summary Judgment and BT's Response
By Josh Davis • December 4, 2006 at 10:36 pm
Plaintiffs' filed their opposition to BT's motion for summary judgment on October 12, 2006 (available here). Instead of arguing the issue of access, plaintiffs abandoned that argument and staked their entire case on the theory that "Aparthenonia" and "Bust Dat Groove" are so "strikingly similar" that access (and copying) can be inferred. Read more » about Plaintiffs' Opposition to Summary Judgment and BT's Response
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Kahle v. Gonzales - Appellants' Opening Brief
Author(s):Christopher SprigmanJennifer GranickLawrence LessigPublication Date:January 31, 2005Publication Type:Litigation BriefAppellants' Opening Brief in the Ninth Circuit. Read more » about Kahle v. Gonzales - Appellants' Opening Brief
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Golan v. Holder - Government's Reply in support of their Motion for Summary Judgment
Publication Date:November 24, 2004Publication Type:Litigation Brief -
Kahle v. Gonzales - District Court Order Granting Government's Motion to Dismiss
Publication Date:November 19, 2004Publication Type:Litigation Brief -
Golan v. Holder - Order re 56(f) Motion
Publication Date:November 10, 2004Publication 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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Internet memes: copyright licensing in an IP minefield
Date published:March 1, 2013"“A lot of his own original expression went into making that poster, notwithstanding the fact that he used an AP photograph as a reference,” says Julie Ahrens, director of copyright and fair use in Stanford Law School’s Center for Internet and Society, and a member of the Fair Use Project." Read more » about Internet memes: copyright licensing in an IP minefield
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Why the Rick Ross Case May Change Hip Hop
Date published:February 12, 2013"According to Julie Ahrens, director of Copyright and Fair Use at Stanford University's Center for Internet and Society, that's because such bandied-about issues as fair use, parody, and obscenity don't figure neatly with the suit and the parties involved." Read more » about Why the Rick Ross Case May Change Hip Hop
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Podcasters Prepare for War Against ‘Podcast Patent’ Owner Personal Audio
Date published:February 12, 2013"“We think Personal Audio's podcasting claims are a classic example of an over-broad software patent,” EFF staff attorney Daniel Nazer wrote in an email to Backstage." Read more » about Podcasters Prepare for War Against ‘Podcast Patent’ Owner Personal Audio
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Anonymous Plays Games With U.S. Sites
Date published:January 28, 2013"Kerr's proposals have been picked up and refined by the Electronic Frontier Foundation (EFF), in what calls "Aaron's Law." The group's suggestions have also been endorsed by Jennifer Granick, the director of civil liberties at the Stanford Center for Internet and Society, who described Kerr's initial efforts as "necessary but not sufficient."" Read more » about Anonymous Plays Games With U.S. Sites
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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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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