Tony Falzone is the Deputy General Counsel at Pinterest, Inc.
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.
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.
Tony Falzone is the Deputy General Counsel at Pinterest, Inc.
Brett 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.
Lauren 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.
This is the last of three posts on the Ninth Circuit’s decision in Mavrix v. LiveJournal. The first post considered the court’s conclusion that LiveJournal’s moderation and curation of user-submitted posts created a triable issue of fact on the question of the site’s eligibility for the section 512(c) safe harbor for sites that store material “at the direction” of users. The second post examined the court’s analysis of LiveJournal’s potential knowledge of the alleged infringements in light of the fact that Mavrix didn’t send takedown notices for them. This final entry takes a look at what I identified in the first post as issue (4): whether LiveJournal had the right and ability to control the infringements, as evidenced by the required “something more” than the right to remove or block access to user-submitted infringing material.
This is the second of three posts on the Ninth Circuit’s decision in Mavrix v. LiveJournal. The first post considered (and found fault with) the court’s conclusion that LiveJournal’s moderation and curation of user-submitted posts created a triable issue of fact on the question of the site’s eligibility for the section 512(c) safe harbor for sites that store material “at the direction” of users. This post will consider the court’s analysis of issue (3) of the six issues I called out in the first post: whether, in the absence of takedown notices, LiveJournal had actual or red flag knowledge that the watermarked Mavrix photos were infringing.
The Ninth Circuit has decided Mavrix Photographs v. LiveJournal, and the outcome is in every respect bad news for LiveJournal. In some respects, it’s also bad for the safe harbors themselves, as I’ll explain below and in subsequent posts. The district court in the case granted summary judgment for LiveJournal on grounds that there were no material factual disputes concerning LiveJournal’s eligibility for safe harbor under Section 512(c) of the DMCA. Mavrix alleged that LiveJournal infringed copyrights in its watermarked photographs. Users submitted the photos to LiveJournal along with celebrity gossip news items, and the site's moderators posted them following a fairly intensive screening process (including screening for copyright infringement). There was no question in the case that LiveJournal complied with the DMCA’s notice and takedown requirements when it received notices from right holders. However, Mavrix did not send notices for any of the photos in suit. LiveJournal removed the photos when Mavrix filed its complaint.
Amazon’s latest effort to mitigate IP infringement in its third-party seller program is a ban on the sale of streaming media devices (“Kodi boxes”) that promote piracy. In addition to banning sales of the devices, Amazon reserves the right to destroy any offending physical inventory in its warehouses. The new policy raises not-so-new questions about the ability of copyright holders to control the distribution of dual-use technologies that can (but needn’t necessarily) be used to infringe copyrights.
Former Panamanian strongman Manuel Noriega and actress Lindsay Lohan have at least one thing in common: Both recently filed high-profile lawsuits against video game makers, charging that their likenesses were used in games without their permission.
These suits may seem like acts of desperation by people now more notorious than famous, and a judge has already ruled against Noriega. But they are nevertheless extremely worrying.
When, in 2011, Oprah Winfrey asked Ralph Lauren how he “keeps reinventing,” Mr. Lauren answered: “You copy. Forty-five years of copying; that’s why I’m here.” Mr. Lauren, a Jewish kid from the Bronx who built a spectacular career reinterpreting the look of the old WASP aristocracy, was at least partly joking. But what made the quip funny was the fact that knockoffs are — and always have been — a pervasive part of fashion.
Climate change is a significant and complex problem facing the world today. To solve the problem will require the coordinated efforts of both the public and private sectors. As with earlier challenges of global significance (such as the polio epidemic), new and improved technologies promise solutions.
Sarah Morris is a well-known multimedia artist and filmmaker. In 2007, she debuted her "Origami" series, 24 paintings in which she reworked, redesigned, and reshaped origami crease patterns on canvas. Several origami artists sued Morris for copyright infringement, arguing Morris had unduly appropriated their allegedly copyrightable origami crease patterns in developing the "Origami" series. The Fair Use Project teamed up with attorneys Bob Clarida and Donn Zaretsky to defend Morris. We briefed the fair use issues on summary judgment.
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.
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.
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.
"“The trend of the Eastern District of Texas favoring patent plaintiffs more than other districts has lead to extreme forum shopping,” Daniel Nazer with EFF told the Southeast Texas Record.
Texas has a record of rejecting 73 percent of pretrial challenges, while the national average is 29 percent, according to data published by the EFF.
Nazer says the disparity in those numbers causes plaintiffs to file cases where they think they can get an advantage.
"“This is a big shift in thinking,” said Annemarie Bridy, a scholar of technology law and intellectual property at the University of Idaho College of Law. “It’s a completely expanded notion of transformation.”"
"The appeals court recognized that the Google search engine "creates new forms of research, such as text mining and data mining," said Ben Depoorter, Hastings Research Chair at UC Hastings College of the Law.
"Woodrow Hartzog, an associate professor at Samford University’s Cumberland School of Law, whose focus includes intellectual property law, says that the feasibility of Yellowhammer’s plan is dependent on its ability to prove that the slogan is synonymous with their company.
Come meet CIS and hear about our exciting work and ways to get involved.
The Online News Association, in conjunction with the UNC Center for Media Law & Policy, the Stanford Law School Center for Internet & Society and the UC Berkeley Graduate School of Journalism, presents the Third Annual Law School for Digital Journalists, part of the Thursday Workshops at ONA’s 2012 Conference & Awards Banquet, Sept. 20-23.
Has it really been 15 years? Time really flies when keeping up with Moore's law is the measure. In 1997, Jeff Moss held the very first Black Hat. He gathered together some of the best hackers and security minds of the time to discuss the current state of the hack. A unique and neutral field was created in which the security community--private, public, and independent practitioners alike—could come together and exchange research, theories, and experiences with no vendor influences. That idea seems to have caught on. Jeff knew that Black Hat could serve the community best if it concentrated on finding research by some of the brightest minds of the day, and he had an uncanny knack for finding them.
A joint conference of the Media Law Resource Center and the Center for Internet & Society.
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.
The conference will explore:
Content monetization and the mechanics and business models for digital media.
The operational side of social media.
Anonymity and social responsibility on the internet.
The song “Happy Birthday” has a long, litigious history dating back to the 1930s. Every year, people spent millions in royalties to use the song, until a class action lawsuit was brought challenging whether the owner, Warner/Chappell Music, actually owned the copyright it so aggressively enforced. Elizabeth Townsend-Gard, Tulane School of Law professor specializing in copyright law, discusses the case of “Happy Birthday.”
CIS Affiliate Scholar David Levine interviews Prof. Andrea Matwyshyn of Northeastern University Law School, on the Digital Millennium Copyright Act (DMCA) and the Volkswagen fraud scandal.
Read or listen to the full interview at NPR.
NPR's Audie Cornish talks to Daniel Nazer of the Electronic Frontier Foundation about the impact of this ruling. An appeals court ruled the music used in the video was an instance of fair use.
AUDIE CORNISH, HOST:
When Stephanie Lenz saw her toddler jamming out in the kitchen to the Prince song "Let's Go Crazy," naturally she took a video and posted it to YouTube.
CIS Affiliate Scholar David Levine interviews Pedro Roffe of the International Centre for Trade and Sustainable Development and Prof. Xavier Seuba of the University of Strasbourg, co-editors of ACTA and the Plurilateral Enforcement Agenda.