Daniel is a Staff Attorney and Mark Cuban Chair to Eliminate Stupid Patents at the Electronic Frontier Foundation. He is part of EFF's intellectual property team and focuses on patent reform. Before joining EFF, Daniel was a Residential Fellow at Stanford Law School's Center for Internet & Society where he represented writers, painters, filmmakers, and others who rely on fair use to create their art and scholarship.
Daniel previously practiced at Keker & Van Nest, LLP, where he represented technology clients in patent and antitrust litigation. He served as a law clerk to Justice Susan Kenny of the Federal Court of Australia and to Judge William K. Sessions, III of the District of Vermont. Daniel has a B.A. in Philosophy from the University of Western Australia, an M.A. in philosophy from Rutgers, and a J.D. from Yale Law School.
Daniel is the author of The Tragicomedy of the Surfer’s Commons (9 Deakin L. Rev. 655) and Conflict and Solidarity: The Legacy of Jeff D. (17 Geo. J. Legal Ethics 499).
Ninth Circuit Rules That Celebrity "Rights" Trump Free Speech
By Daniel Nazer on July 31, 2013 at 12:00 am
Trolls and Tribulations
By Daniel Nazer on February 6, 2013 at 9:55 am
Patent trolls — companies that assert patents as a business model instead of creating products — have been in the news lately. This is hardly surprising, given that troll lawsuits now make up the majority of new patent cases. And the litigation is only the tip of the iceberg: patent trolls send out hundreds of demand letters for each suit filed in court. At the Electronic Frontier Foundation, we have been following this issue closely and are working hard to bring reform to fix the patent mess. Read more » about Trolls and Tribulations
Fair Use Prospers on Campus
By Daniel Nazer on 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
Australia Moves To Massively Expand Internet Surveillance
By Daniel Nazer on August 28, 2012 at 3:24 pm
The Australian government has proposed sweeping changes to its surveillance and national security laws. The government’s wish list includes mandatory data retention, surveillance of social networks, criminalization of encryption, and lower thresholds for warrants. As it seeks to expand its surveillance powers, the government also wants to dilute oversight by jettisoning record-keeping requirements. This week I submitted detailed comments opposing the changes to the Joint Parliamentary Committee on Intelligence and Security. Read more » about Australia Moves To Massively Expand Internet Surveillance
How Copyright Law Censors Campaigns
By Daniel Nazer on July 19, 2012 at 4:44 pm
Once again, political campaign videos are being censored by copyright law. This time, Mitt Romney is the victim. Read more » about How Copyright Law Censors Campaigns
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Scale 14x (Past Event)
Hacking the Patent System: Open Source and Patents
The Right of Publicity in the Digital Age (Past Event)
Speaker:
Daniel Nazer
Staff Attorney, Electronic Frontier Foundation
Topics:
Right of publicity law is a mess. Courts apply a variety of tests and apply these tests inconsistently to different forms of media. At the same time, the right of publicity impacts a wide range of speech--from movies, to computer games, to baseball cards. Uncertainty about the relevant standards makes it difficult to advise clients about the scope of the right. Read more » about The Right of Publicity in the Digital Age
Recent Issues and Challenges in Video and Social Gaming Law (Past Event)
Speakers:
Daniel Nazer Staff Attorney, Electronic Frontier Foundation
Jonathan Blavin Partner at Munger, Tolles & Olson
Topics
• First Amendment and public figures in sports games
• Cheating and hacking in online game play
Schedule
MCLE Registration: 5:00 - 5:30 p.m.
Program 5:30 - 6:30 p.m. Read more » about Recent Issues and Challenges in Video and Social Gaming Law
Meet the Center for Internet and Society 2012 (Past Event)
Come meet CIS and hear about our exciting work and ways to get involved. Read more » about Meet the Center for Internet and Society 2012
Transformation, Copyright, and the Right of Publicity in the Digital Age (Past Event)
Copyright Law and Fair Use with Daniel Nazer, CIS Resident Fellow Read more » about Transformation, Copyright, and the Right of Publicity in the Digital Age
Appeals Court Rules Youtube Video Of Baby Dancing To Prince Was Fair Use
September 15, 2015
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. Read more » about Appeals Court Rules Youtube Video Of Baby Dancing To Prince Was Fair Use
Software patents
December 16, 2013
Daniel Nazer of Electronic Frontier Foundation on the Supreme Court case that could set patent precedent.
Full story can also be found here. Read more » about Software patents
Daniel Nazer - Hearsay Culture Show #197 - KZSU-FM
November 20, 2013
This week, David Levine interviews Daniel Nazer, a Staff Attorney on the Electronic Frontier Foundation’s intellectual property team, focusing on patent reform. Read more » about Daniel Nazer - Hearsay Culture Show #197 - KZSU-FM