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 and KEI tell the US Trade Representative not to adopt measures that could expand the “20th­ century digital black hole"

Today New Media Rights joined the Authors Alliance, Creative Commons, the Electronic Frontier Foundation and Knowledge Ecology International in calling for the US Trade Representative not to agree to measures in the Trans Pacific Partnership Agreement (TTP) that could greatly reduced our ability to make orphaned works more accessible to the public.

Today we join more than 90 organizations in asking President Obama to open up taxpayer funded educational materials to the public

Today, New Media Rights along with a broad coalition of more than 90 education, library, technology, public interest, and legal organizations, called on the White House to take action to ensure federally funded educational materials are made available as Open Educational Resources (OER) that are free to use, share, and improve!

New Media Rights supports critical protections for military whistleblowers

Speaking out on wrongdoing in the military can be particularly challenging for service members who are trained to stay in line and follow orders. The stakes could not be higher for military whistleblowers who speak out against fraud, waste, abuse, and sexual assault in the military. A recent report by the Government Accountability Office noted a number of deficiencies in the protections offered to members of the military who report wrongdoing, and far too often, those whistleblowers are unfairly punished for their efforts to bring accountability to the armed services.

This is why New Media Rights recently joined with a variety of organizations, including Project on Government Oversight, Government Accountability Project​, Public Citizen​, Sunlight Foundation​, Demand Progress​ and others, in sending a letter to Congressional leaders supporting critical protections f in sending a letter to Congressional leaders supporting critical protections for military whistleblowers.  We've worked with various filmmakers and creators who bring light to issues in our military. These have included working on an important film about the treatment of workers in U.S. bases overseas, and a recently launched podcast on Veteran's issues.

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. 

California Western School of Law students help filmmaker on a mission to help end harassment in the gaming community.

Long before Gamergate, a very public display of sexual harassment prompted filmmaker Shannon Sun-Higginson to explore the female experience within the gaming community. Through interviews with video game developers, journalists, and academics, GTFO [The Movie] paints a complex picture of the community as segments of it attempt to evolve to attract a diverse new gaming community against a backdrop of continued misogyny and harassment. California Western School of Law students Christine Brekke (’15), Irene Choe (’16) and Nick Sabatella (’16) all provided critical preventive legal services to help GTFO [The Movie] thrive.Learn more after the jump.

California Western law student helps launch new veteran's radio show, "Incoming: Stories of Veterans told in their own words"

San Diego’s KPBS and preeminent literary & performing arts nonprofit, So Say We All, just launched a new radio show called Incoming: Stories of Veterans told in their own words.  It is a powerful, diverse set of stories where veteran’s tell own their stories..  You can hear the entire new series here on KPBS as well as Soundcloud.  The program also features music composed and performed by local San Diego musicians.

California Western School of Law and New Media Rights program student (and now graduate!), Ella Ahn, provided the legal services that made this series happen.  Learn more and hear the entire series in this post.

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.


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