Copyright Office issues final small claims rules for Copyright Claims Board, cites New Media Rights’ comments

The United States Copyright Office recently published its final rule for implementation of the procedures that are to govern the initial stages of a Copyright Claims Board (CCB) proceeding. The CCB will be a new forum where copyright small claims disputes can be heard.

It will have a significant impact on creators and technology businesses. Disputes previously too costly to bring to federal court can now be brought to the CCB, which allows claims up to $30,000 (no more than $15,000 per work). Many creators will either face disputes brought against them as respondents, or consider using the process as an enforcement mechanism. 

The final rule establishes a process for bringing claims at the CCB, and directly cites New Media Rights’ comments, written by California Western School of Law 2L Mariana Perez, Executive Director Art Neill, and Assistant Director Erika Lee, multiple times. Our comments discussed law school clinic participation, concerns regarding how respondents receive adequate awareness of the claims against them, the need to collect data on CCB proceedings and revisit and improve CCB processes, and various grammar and typographical errors in the proposed rules. READ MORE

Submitted by New Media Rights last modified Wed, 11/09/2022 - 4:41pm

New Media Rights Receives Grant to Support Web Monetization Innovators!

New Media Rights recently received a $20,000 grant from Grant for the Web to support Grant for the Web recipients and others on the boundaries of web monetization with legal services. This grant is a continuation of our work with web monetization innovators last year, and we are thrilled to be continuing our work with the Grant for the Web community! The grant is a partnership with Grant for the Web, a program supported by the Mozilla Foundation, Creative Commons, and Coil. Grant for the Web believes that a healthy internet needs openness and opportunity, and that it cannot be built on the backs of individuals’ security and privacy. The funds are intended to support an ecosystem that will challenge the web’s most urgent issues: loss of privacy, centralization of power, and inequalities in online participation. READ MORE

Submitted by New Media Rights last modified Wed, 11/09/2022 - 4:28pm

New Partnership Highlights NMR’s Work with Early-Stage Startups

“Our partnership with REC allows us to reach a new generation of technology entrepreneurs here in San Diego.”

So said Art Neill, California Western's New Media Rights' (NMR) Founder and Executive Director, as he commented on NMR's latest partnership following the first in a series of REC online Advice Days held at the end of March.

“California Western law students will see firsthand the challenges these entrepreneurs face getting their businesses off the ground,” continued Neill. “Our law students will then advise on early-stage intellectual property, privacy, and other legal issues that could become critical to the viability of these businesses.”

The San Diego Miramar College REC Innovation Lab provides resources to anyone in the region who is interested in starting or scaling a business. READ MORE

Submitted by New Media Rights last modified Thu, 11/10/2022 - 12:20pm

Nevertheless: shining a light on sexual harassment and how we can shift our culture

Nevertheless Trailer from Sarah Moshman on Vimeo.

New Media Rights was proud to work on Sarah Moshman's recent documentary film, Nevertheless.

Taking a look behind the headlines of #MeToo and Time’s Up, Nevertheless follows the intimate stories of 7 individuals who have experienced sexual harassment in the workplace or school context. From a writer's assistant on a top TV show to a Tech CEO and 911 dispatcher, the film shines a light on the ways in which we can shift our culture and rebuild.

Submitted by New Media Rights last modified Thu, 05/28/2020 - 2:07pm

New Publication in the Texas IP Law Journal!

In a scholarly article, recently published in the University of Texas Intellectual Property Law Journal (Vol. 28, No. 1, p. 87-98, 2019), New Media Rights' Executive Director Art Neill and Staff Attorney Erika Lee consider some options for modernizing copyright registration. The Texas Intellectual Property law Journal is a top 15 ranked Intellectual Property Journal according to Washington & Lee's rankings. 

The article, Fixing Copyright Registration For Online Video Creators: The Case for Group Registration of Published Videos, considers the history of published group registration since the Copyright Act of 1976 and argues that future modernization efforts should include group registration of video. The article also posits that current options for registering videos are ineffective and cost-prohibitive for online video creators, and proposes opening a rulemaking with the Copyright Office to establish group registration of published videos (which is currently not permitted). READ MORE

Submitted by New Media Rights last modified Thu, 02/01/2024 - 3:10pm

New Media Rights Joins the Free Expression Legal Network!

We are thrilled to announce that we joined the Free Expression Legal Network. Supporting journalists and nonprofit news organizations has always been an important part of our work. Journalists face many of the same intellectual property, privacy, and media law issues that challenge other creatives and entrepreneurs.

The Free Expression Legal Network is a nationwide coalition of school clinics, academics, and practitioners focused on promoting and protecting free speech, free press, and the free flow of information to an informed and engaged citizenry. The creation of the network was led by the Reporter's Committee for the Free Press and Yale Freedom & Information Access Clinic.  Members work on media law, transparency, and/or access issues, either as their primary focus or as it intersects with their work on other issues. READ MORE
 

Submitted by New Media Rights last modified Mon, 09/09/2019 - 1:00pm

Event: KPBS Explore Program Orientation Workshops

Staff Attorney Erika Lee and Student Fellow Alexandra Inman will be at the KPBS Explore Local Content Program orientation workshops on August 27th and 28th at 7pm!

They'll be speaking about what kind of legal issues filmmakers, podcasters and other content creators need to be aware of throughout all stages of production, as well as how copyright and music licensing affects production.

 

Submitted by New Media Rights last modified Fri, 09/06/2019 - 1:34pm

Event: Intersections Art and Law at the Border

Executive Director Art Neill will be speaking at Intersections: Art and Law at the Border on Saturday, April 6 at 10am! He will be discussing intellectual property for artists in the digital age, including copyright, fair use, licensing, and some of the key issues that artists face on a global spectrum. 

Submitted by New Media Rights last modified Mon, 04/08/2019 - 3:58pm

Copyright & The Classroom: Using Copyrighted Material In Classrooms and Distance Learning

There are many situations, particularly in a classroom environment, where you might want to use copyright-protected material but you can’t obtain permission from the copyright holder. A common example would be a teacher who wants to read a poem from a book or show an educational cartoon to her class. Thankfully, copyright law addresses these particular types of uses directly, in 17 U.S.C. § 110. Section 110 provides important exemptions for certain performances and displays of copyrighted works in the classroom (and certain limited online learning situations) that would otherwise be considered infringement.

Submitted by New Media Rights last modified Thu, 04/23/2020 - 3:50pm

Event: SD Media Pros Meeting - Let's Talk Business

Staff Attorney Erika Lee and Assistant Director Shaun Spalding will be at the March SD Media Pros meeting to discuss copyright and creative contracts! 

Join us on Wednesday, March 27th as we cover some advanced copyright topics, including licensing and fair use, and a big picture discussion of contracts for creative professionals. What do you need to include in your freelance contracts? What do terms like "indemnification" and "representations and warranties" mean? How can I protect my interests when I enter into a contract with a distributor?  Join us to learn more about how you can use your creative content as leverage in your contracts.

Submitted by New Media Rights last modified Fri, 03/22/2019 - 2:41pm

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