Biography

Tony Falzone is the Executive Director of the Fair Use Project and a Lecturer in Law at Stanford Law School. As an intellectual property litigator, he has defended artists, writers, publishers, filmmakers, musicians, record labels and video game makers against copyright, trademark, rights of publicity and other intellectual property claims. Tony represents conductor Lawrence Golan in his challenge to Congress's constitutional power to remove works from the public domain, which he argued before the Supreme Court of the United States. He also represented visual artist Shepard Fairey in copyright litigation against The Associated Press over Fairey's "Obama Hope" posters, and represented RDR Books as trial counsel in its copyright and Lanham Act dispute with J.K. Rowling and Warner Brothers over the Harry Potter Lexicon. This follows notable victories on behalf of the producers and distributors of the film Expelled: No Intelligence Allowed in litigation against Yoko Ono Lennon and EMI Records, on behalf of Professor Carol Shloss in her lawsuit against the Estate of James Joyce, and on behalf of electronic musician BT in a copyright infringement case in the Second Circuit Court of Appeals. Tony has also represented a wide array of organizations as amicus curiae in federal appeals courts throughout the country, including The Andy Warhol Foundation for the Visual Arts, Creative Commons, and the American Library Association. In addition to litigating, Tony teaches at Stanford Law School. He also advises documentary filmmakers, writers, artists and other content creators on fair use and other intellectual property issues.

Tony has been recognized by the Los Angeles and San Francisco Daily Journal as one of the "Top 100 Lawyers in California" and one of the "50 Leading IP Litigators in California."

Prior to his work at Stanford, Tony was a litigation partner in the San Francisco office of Bingham McCutchen. He is a 1997 graduate of Harvard Law School, and was a law clerk to the Hon. Barry T. Moskowitz, U.S. District Judge, Southern District of California.

Key Works

• Anthony Falzone, Diddy Could Save Sampling, Slate, November 1, 2007

In the News

• Rep. Issa Discusses SOPA/PIPA
  The Stanford Daily, April 11, 2012
• 'SOPA Blackout' Represents Web's Political Coming Of Age
  San Francisco Chronicle, January 19, 2012
• High Court Upholds Copyright Law For Foreign Works
  Daily Journal, January 19, 2012
• High Court Upholds Copyrights On Foreign Works
  Pittsburgh Post-Gazette (Bloomberg News), January 19, 2012
• Amid SOPA Debate, SCOTUS Gives Congress Broad Copyright Power
  Thomson Reuters News & Insight, January 19, 2012

Courses & Programs

Courses

• Advanced Projects in Cyberlaw Clinic

Publications & Cases

• Anthony Falzone, Fair Use Project Teams Up With Andy Warhol Foundation To Urge Second Circuit To Provide Broader Fair Use Protection For Artists, CIS blog, November 3, 2011.
• Anthony Falzone, Updated: Golan v. Holder Merits Brief Explains Why Congress Is Not Allowed to Privatize the Public Domain, Center for Internet & Society blog, September 6, 2011.
• Thomas C. Goldstein, Amy Howe, Kevin K. Russell, Pamela S. Karlan, Anthony T. Falzone (Counsel of Record), Julie A. Ahrens, Daniel K. Nazer, Hugh Q. Gottschalk, Carolyn J. Fairless, Reply Brief: Lawrence Golan et al., Petitioners, v. Eric H. Holder, Jr. et al., Respondents, No. 10-545 in the Supreme Court of the United States, August 31, 2011.
• Thomas C. Goldstein, Amy Howe, Kevin K. Russell, Pamela S. Karlan, Anthony T. Falzone (Counsel of Record), Julie A. Ahrens, Daniel K. Nazer, Hugh Q. Gottschalk, Carolyn J. Fairless, Brief for the Petitioner: Lawrence Golan et al., Petitioners, v. Eric H. Holder, Jr. et al., Respondents, No. 10-545 in the Supreme Court of the United States, June 14, 2011.
• Anthony Falzone, Golan v. Holder Heads to Supreme Court, CIS, Center for Internet and Society (CIS) blog, October 20, 2010.
• Hugh Q. Gottschalk, Carolyn J. Fairless, Wheeler Trigg, Anthony T. Falzone, Counsel of Record, Julie A. Ahrens, Sarah H. Pearson, Petition for a Writ of Certiorari, Lawrence Golan, Estate of Richard Kapp, S.A. Publishing [and others], Petitioners v. Eric H. Holder, Jr., ... and Marybeth Peters ..., Respondents on Petition for a Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit, No. 10- , Supreme Court of the United States, October 20, 2010.
• Anthony Falzone, Library of Congress: Fair Use Lets You Jailbreak Your iPhone, Center for Internet and Society (CIS) blog, July 26, 2010.
• Anthony Falzone, Julie A. Ahrens, Sarah Hinchliff Pearson, Mark Lemley, et. al., Brief of Amici Curiae The Andy Warhol Foundation for the Visual Arts, Inc., The Andy Warhol Museum, Thomas Lawson, Barbara Kruger, Jonathan Monk, Allen Ruppersberg and Eleven Professors of Law in Support of Defendant-Appellee and Urging Affirmance: Gaylord v. United States, No. 2009-5044 in the United States Court of Appeals for the Federal Circuit (July 15, 2009).
• Anthony Falzone, Julie A. Ahrens, Sarah H. Pearson, et. al., Brief of Amici Curiae American Library Association, Association of Research Libraries, Association of College and Research Libraries, The Organization for Transformative Works and the Right to Write Fund in Support of Defendants-Appellants and Urging Reversal: Salinger v. Colting, No. 09-2878 in the United States Court of Appeals for the Second Circuit (August 3, 2009).
• Anthony Falzone, Diddy Could Save Sampling, Slate, November 1, 2007