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.
Giancarlo F. Frosio is the Intermediary Liability Fellow at the Center for Internet and Society at Stanford Law School. Giancarlo is a qualified attorney with a doctoral degree (S.J.D.) in intellectual property law from Duke University Law School. Additionally, he holds an LL.M. with emphasis in intellectual property law from Duke Law School, an LL.M. in information technology and telecommunications law from Strathclyde University in Glasgow, and a law degree from Università Cattolica in Milan. Read more » about Giancarlo Frosio
Tim is a Fellow at the Center for Internet & Society. He splits his time between representing authors, filmmakers, musicians, and others who rely on copyright fair use in creating their works, and pursuing a scholarly research agenda. Tim’s research interests include trademark theory, copyright and trademark fair use, and various doctrinal areas governed by the First Amendment, including commercial speech and campaign finance regulation. Read more » about Tim Greene
Marcia Hofmann is a senior staff attorney at the Electronic Frontier Foundation, where she focuses on computer crime and security, electronic privacy, free speech, and other digital civil liberties issues. She is also a non-residential fellow at Stanford Law School's Center for Internet and Society and an adjunct professor at the University of California Hastings College of the Law. Read more » about Marcia Hofmann
Section 102 of the Copyright Act has been receiving quite some attention in legal commentary recently. Professor Pamela Samuelson authored an article challenging the influential Nimmer treatise’s interpretation of subsection 102(b) and Nimmer’s restrictive reading of Baker v. Selden. (William Patry has commented in his blog on Samuelson’s article.) In a recent paper, Professor Dan Burk is discussing the application of section 102(b) to copyrightability of methods. Read more » about Section 102(b) and negative categories of copyright subject matter
In a press release from today the IFPI hails a Belgium court decision, which reportedly imposes a duty on an Internet Service Provider to use filtering technology for stopping illegal file sharing activities running through its network. From the press release: Read more » about DRM by mandate? Belgium court imposes a filtering duty on ISP
Next month I’ll be speaking about my work on copyright law at the Max Planck Institute for Intellectual Property, Competition and Tax Law in Munich. The title of the presentation reads “Access-Right and Copyright”. Read more » about Access-Right and Copyright Presentation
The Copyright Office reports it's final rule about electronic copyright submissions and fees. Starting July 2 (for a limited number of copyright claims) it will begin accepting submissions of electronic copyright applications. The fees for electronic submissions will be $10 less than paper. (Electronic filing fees will be $35, while paper will remain $45) Read more » about Electronic filings coming soon to the Copyright Office
For most of human history the essential nature of creativity was understood to be cumulative and collective. This notion has been largely forgotten by modern policies regulating creativity and speech. As hard as it may be to believe, the most valuable components of our immortal culture were created under a fully open regime as far as access to pre-existing expressions and reuse was concerned. Read more » about Rediscovering Cumulative Creativity from the Oral Formulaic Tradition to Digital Remix: Can I Get a Witness?
The first part of this article outlined the mechanics of the Megaupload website, and the novel questions of criminal inducement on which the government's indictment is premised. Here, we explore two more extensions of existing law on which the indictment is based, and the impact this prosecution is likely to have on Internet innovators and users alike. Read more » about Megaupload Indictment Leaves Everyone Guessing - Part 2
Days after anti-piracy legislation stalled in Congress, the U.S. Department of Justice coordinated an unprecedented raid on the Hong Kong-based website Megaupload.com. New Zealand law enforcement agents swooped in by helicopter to arrest founder Kim Dotcom at his home outside of Auckland, and seized millions of dollars worth of art, vehicles and real estate. Six other Megaupload employees were also arrested. Meanwhile, the Justice Department seized Megaupload's domain names and the data of at least 50 million users worldwide. Read more » about Megaupload.com Indictment Leaves Everyone Guessing - Part 1
Digital technology has made culture more accessible than ever before. Texts, audio, pictures and video can easily be produced, disseminated, used and remixed using devices that are increasingly user-friendly and affordable. However, along with this technological democratization comes a paradoxical flipside: the norms regulating culture's use — copyright and related rights — have become increasingly restrictive. Read more » about The Digital Public Domain: Foundations for an Open Culture
This is the third in a series of articles focusing on the experimental economics of intellectual property. In earlier work, we have experimentally studied the ways in which creators assign monetary value to the things that they create. That research has suggested that creators are subject to a systematic bias that leads them to overvalue their work. Read more » about Valuing Attribution and Publication in Intellectual Property
The Supreme Court certified two questions in Golan v. Holder: (1) Does section 514 of the Uruguay Round Agreements Act (“URAA”) violate the Progress Clause of the Constitution? (2) Does the URAA violate the First Amendment? This Essay argues that section 514 violates the Progress Clause’s requirement that copyright laws “promote the Progress of Science.” This is because the statute bequeaths copyright status without in return achieving any net increase in the creation or dissemination of creative works. Read more » about A Legitimate Interest in Promoting the Progress of Science: Constitutional Constraints on Copyright Laws
This Public Report is the outcome of the work of the COMMUNIA Network on the Digital Public Domain. This Report was undertaken to (i) review the activities of COMMUNIA; (ii) investigate the state of the digital public domain in Europe; and (iii) recommend policy strategies for enhancing a healthy public domain and making digital content in Europe more accessible and usable. Read more » about COMMUNIA Final Report on the Digital Public Domain
"That McFarland teen Heather Traska has loved Disney for years sparkles in every frame of her videos, popular mash-ups of "Tangled," "The Lion King" and "Aladdin" with unique a cappella accompaniment and elaborate costumes.
But could that devotion have led her to an unwitting crime? According to copyright lawyer Daniel Nazer at the Electronic Frontier Foundation, it's possible." Read more » about Can a loving homage to Disney be a crime? Copyright law says maybe
“What I find troubling about it is that she keeps distinguishing Meltwater versus ‘legitimate’ online search tools, but it’s not really clear what that definition is,” Julie Ahrens, director of copyright and fair use for the Stanford Law School’s Center for Internet & Society, told MLex in an interview Friday.
Randy Moore’s dark drama Escape From Tomorrow premiered this week at the Sundance Film Festival and quickly became one of the most buzzed-about oddities in Park City, Utah. Reviews have been mixed but unquestionably intriguing. There’s a chance, though, that the rest of us won’t be able to form our own opinions: Escape From Tomorrow was filmed without permission on location at Disney’s theme parks in Orlando, Fla., and Anaheim, Calif., and it unabashedly incorporates the familiar logos, characters, and theme-park images in a perverse dramatic narrative. Read more » about Will Disney Let You See This Movie?
The AP's argument is "unfounded and dangerous to innovation," according to the brief authored by Julie Ahrens, of Stanford Law School's Center for Internet & Society. Read more » about DVR Protections Invoked to Pause Associated Press
Chris Sprigman, professor of law at the University of Virginia, co-author of The Knockoff Economy: How Imitation Sparks Innovation,and CIS Affiliate Scholar discusses what Apple's latest victory against Samsung means for technological innovation in the future. Read more » about Apple vs. Samsung
Kal 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?
The 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
CIS Affiliate Scholar Marvin Ammori's latest article for The Atlantic.
The Supreme Court will soon hear a case that will affect whether you can sell your iPad -- or almost anything else -- without needing to get permission from a dozen "copyright holders." Here are some things you might have recently done that will be rendered illegal if the Supreme Court upholds the lower court decision: Read more » about If You've Ever Sold a Used iPod, You May Have Violated Copyright Law
Golan 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
Learn about the Center for Internet and Society. Come meet CIS and hear about our exciting work and ways to get involved. Learn about the Fair Use Project, Consumer Privacy Project, and more. Lunch will be provided. RSVP for this free event today. Read more » about Meet the Center for Internet and Society
Creative Commons founder and Stanford professor Lawrence Lessig is giving his final presentation on Free Culture, Copyright and the future of ideas.
After 10 years of enlightening and inspiring audiences around the world with multi-media presentations that inspired the Free Culture movement, Professor Lessig is moving on from the copyright debate and setting his sites on corruption in Washington. Read more » about 1/31: Lawrence Lessig: Final Free Cuture Talk