YouTube's new Fair Use Protection Program, an early step towards DMCA reform

Today YouTube announced a new program to help its users stand up to bogus copyright threats from content bullies. Under the program YouTube will offer select users, with strong fair use cases, who have a video taken down under the DMCA two options:

  • Option 1: Users can follow the current process of filing a counter notice and have the video put back up worldwide in 10-14 days as required by law.
  • Option 2:  Under the new option, users will be able to keep the video up in the US. Google will also provide a vetted list seasoned copyright litigators and up to one million dollars to help with legal fees if they are sued.

While we wish the program didn’t make users choose between keeping the video up worldwide or just in the US, we understand that much of it is a result of the messy state of international copyright law. And we hope that as the program iterates it will be able to expand its scope and hopefully make some great case law reinforcing the legal consequences of sending a bogus takedown in the process. We also like the idea of having a "demo reel" of fair use examples to help YouTubers learn about fair use. You can see the first class of videos YouTube has selected for their fair use program over on YouTube here.

NMR launches law school IP and entrepreneurship clinics list!

As we've written about before there's a major justice gap when it comes to creators and entrepreneurs having access to critical legal services. While we do our best to provide free and low cost legal services, we’re only one organization. That's why we’ve created a national list of law school legal clinics as a resource to creators, entrepreneurs and even other lawyers to help find other legal clinics fighting to fill the justice gap. The clinics on the list typically provide completely free or low cost services depending on if you qualify and they have the capacity to take on new issues. Check out the complete list here.


New Media Rights attorneys don their fair use Wizard Hats for Whittier’s Distinguished Speaker Series

This October Art Neill and Teri Karobonik delivered a talk entitled “Office of the Fair Use Wizard: Creators, Technology and Fair Use in the Digital Age” as part of The Center for Intellectual Property at Whittier Law School’s Fall Colloquium and Distinguished Speaker Series. The lecture covered the basics of copyright and fair use as well as covering some of the emerging fair use issues of the digital age.

Video of the talk will be posted here as soon as it becomes available.

NMR at TwitchCon 2015!

The first annual TwitchCon was held this September in San Francisco.  New Media Rights rounded up some of our favorite video game fans for an awesome panel called “Can We Just Play? The Legality of Let's Play Video and Streams.” The panel addressed the basics of copyright and trademark law that Twitch Streamers and Video Creators need to know to keep their videos and streams up. Our thanks go out to our awesome panelists (listed left to right) Angelo Alcid, Art Neill, Jonathan McIntosh and Teri Karobonik.

Missed out on TwitchCon this year? No worries!  Check out the archive of our panel after the jump!

September Newsletter:NMR students are front page news!

NMR students are front page news!

You may have heard about our fair use app…we hear its kind of a thing now. This summer California Western School of Law did a featured front page story all about our app and our amazing student interns who helped us create it.  You can check it out over on the CWSL site here.

Are you a student at California Western School of Law passionate about helping artists, entrepreneurs and internet users with legal issues brought about by the digital age? This spring we will once again be offering an opportunity to be a part of our clinic class, check out our intern page for more details on how to apply. Applications open September 9th and close October 9th.

New Media Rights’ final DMCA Anti-circumvention comments encourage the Copyright Office to protect fair use for all filmmakers

Today, New Media Rights submitted our final set of comments supporting exemptions that allow filmmakers to bypass encryption and technical protections measures for purposes of making fair use.

Specifically, following testimony in May, the Copyright Office requested definitions of a variety of terms including documentary, documentary-like, non-fiction, fictional, scripted, biopic, “inspired by,” imaginative, and “totally fiction” that were used in the proceeding.

In our responses to the Copyright Office's request, we explain that genre distinctions are not easily made, and that an exemption for all filmmakers is the best way to proceed. 

Testify! Why anti-circumvention exemptions are important for ALL filmmakers

Filmmakers who want to reuse the culture around them for commentary and criticism need to understand fair use, but that's not the only legal issue they have to worry about. Even if their use is a fair use, the DMCA Anti-Circumvention provisions make it illegal just to bypass any encryption (also known as Digital Rights Management (DRM) or Technological Protection Measures (TPM)) that restricts access to that content. This is exactly as ridiculous as it sounds.  Simply accessing content to make a fair use can still be illegal under federal law, even when there is no copyright infringement!

Every 3 years, the Copyright Office considers exemptions to these anti-circumvention provisions.  The process is highly problematic, but right now its the only way to provide any relief from this overreaching law that's been on the books since 1998. This year we submitted comments on three important exemptions (regarding installing software of your choice on your devices, as well as your right to reuse video content under fair use).

On Wednesday May 20, we testified regarding Class 6, which is all about allowing filmmakers to bypass encryption on DVDs, Blu Ray discs, and online sources, to make use of content under fair use.   We want to thank California Western law students Emory Roane and Patrick McManus for their great work helping prepare comments and testimony in this proceeding.

9th Circuit reaffirms the denial of a dangerous preliminary injunction in the case of Garcia v Google

In November, New Media Rights joined the Electronic Frontier Foundation, Public Knowledge, and others in filing an amicus brief urging the 9th Circuit to reaffirm the district court’s denial of a dangerous injunction that forced Google to take down the controversial "Innocence of Muslims" video based on a severe misapplication of law. Monday, the court did just that. This decision is particularly good news for the filmmakers whom we work with, but it comes too late for some.


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