SDSU JMS 210 Presentation March 9, 2020
Submitted by New Media Rights last modified Mon, 03/09/2020 - 12:41pm
Submitted by New Media Rights last modified Mon, 03/09/2020 - 12:41pm
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).
Group registration is an administrative procedure established by the Copyright Office that allows content creators to register a group of related works in certain limited categories with one application and one filing fee.
In addition to addressing key problems with the current prohibition on group registration of published videos, the article also suggests that similarities can be drawn between the way creators currently make videos and the way works presently acceptable for group registration post-publication were created. These similarities suggest that the same reasoning that allowed group registration for these other works should sufficiently apply to group registration of videos post-publication.
“One of New Media Rights' core values is that our scholarship, public education, and policy advocacy be deeply rooted in our client representation,” says Neill. “The stories of under-served creators and internet users help scholars and regulators learn how the law works in real life and then make changes to serve the public better. Our scholarship here is based on the real challenges that under-served clients face when trying to register and protect their copyrighted works. It offers solutions as to what can be done to improve the system.”
In the article, Part I (A) explores how current video registration options are ineffective and cost-prohibitive for online video creators because there is no group registration option for published videos. Because of the quantity and time-sensitivity of much of this video content, individual registration is expensive and time-consuming, making it impossible to post registered content within appropriate time frames.
Part I (B) analyzes the current list of acceptable works for post-publication group registration. It then compares online video to those works to show that online video production and consumption follow the same trajectory as other works now able to be registered as a group post-publication.
Part I (C) argues that the Copyright Office should open a rulemaking process to establish group registration of published videos and further proposes ideas on how to eliminate unnecessary challenges for online video creators.
“As video production and distribution continue to evolve, it's important that our regulations have the capacity to adapt as well so that the creative marketplace (and creativity in general) can continue to flourish,” says Lee.
“Most importantly, we hope that this article will encourage the improvement of the registration system to help level the playing field for all copyright owners.”
Submitted by New Media Rights last modified Thu, 02/01/2024 - 3:10pm
Submitted by New Media Rights last modified Wed, 02/12/2020 - 10:57am
New Media Rights recently teamed up with California Western's Community Law Project (CLP) to present another media and privacy law presentation, this time at Serra High School!
Assistant Director Shaun Spalding and Staff Attorney Erika Lee talked to four classes at Serra about some of the laws that control deceptive advertising online, data collection laws like the Children's Online Privacy Act, and how social media sites comply with these important laws. We also got to talk about how some artificial intelligence technologies learn from the content that people post online.
The discussions focused on how to avoid falling victim to and finding remedies for fraud on social media services, as well as how your data is being used and how privacy laws are available to help you control how much or little access users want others to have to their data.
Thanks to Serra High School and CLP for having us!
This presentation was made possible in part by the Rose Foundation.
Submitted by New Media Rights last modified Tue, 02/18/2020 - 10:21am
Photo by Samantha Gades on Unsplash
New Media Rights will be at March Mingle! We'll be providing free 30-minute consultation sessions at March Mingle on March 25th. Come talk to New Media Rights about your copyright and trademark concerns, contracts, and other legal issues you might encounter as a startup or entrepreneur.
When: March 25th at 7pm
Where: JULEP Venue, 1735 Hancock St, San Diego, CA 92101
About March Mingle
March Mingle is San Diego’s largest annual startup and tech networking event. From the March Mingle website: "Since 2004, March Mingle has brought together San Diego’s finest technologists from local technical user groups for a night of socializing and camaraderie. This is our 16th March Mingle and we are deeply grateful to our loyal attendees who have made March Mingle a sell-out for 8 years running.
We’d like to extend a warm welcome to new Minglers, and encourage you to help us foster our growing local community, and local innovation, which is one of the things that makes this city such a fine place to live."
Submitted by New Media Rights last modified Tue, 02/11/2020 - 3:04pm
On Saturday, January 25, New Media Rights was at TechCon Southern California! We gave free consultations and talked to local San Diego tech industry folks about our services in the Playground Exhibit. Held at the Sony North America HQ, TechCon brought together renowned industry executives, innovators, researchers, technologists and investors, who highlighted the depth and breadth of the Southern California technology ecosystem, particularly in San Diego.
Thanks to New Media Rights Student Fellows Roarke Catubig, Sofia De La Rocha, Gracie Pollard, and Robin Kilgore, who all had the opportunity to participate in providing consultations to local entrepreneurs.
Gracie Pollard had this to say about the event: "Going to TechCon was such a rewarding experience! I was able to meet creative individuals, listen to speakers about predictions of the future in tech, and even assist with client consultations. The consultations were fun because we were able to explain legal impacts on the client's tech goals and how to work with those impacts proactively to avoid problems in the future."
You can learn more about Tech Con here: https://www.techconsocal.com/
These consultations were made possible in part by the City of San Diego Economic Development Department.
Carlos is a native of San Diego. He earned his Bachelor of Arts from the University of California San Diego, where he majored in Political Science with a concentration in Public Law and minored in Communications. Carlos currently serves as the Executive Editor of Notes and Comments for the California Western International Law Journal. In his free time, he enjoys playing video games, reading, and learning as much as he can about Esports and new technologies. In the future, Carlos hopes to grow his Esports company and work in the Esports field as a lawyer or as a business owner.
Stephanie is currently a second-year student at California Western School of Law. Before law school, she got her B.S. degree in Business-Marketing at San Diego State University in 2016. Throughout college, she held several marketing internships for small businesses. After graduation, Stephanie worked for two years at a small airplane leasing company, where she assisted with aircraft transactions and marketing. Stephanie's internships and post-graduate work experience gave her invaluable insight into working with small businesses.
During law school, Stephanie worked for the San Diego County Office of the Public Defender. There, she managed her own caseload of clients and gained experience in public service.
Stephanie will graduate law school in April 2021, and is hoping to work in public service. Some areas of law she is interested in are environmental law, public interest, and entertainment law. She hopes to spread awareness on environmental concerns and is looking to pair her passion for the environment with media and entertainment law.
Submitted by New Media Rights last modified Thu, 05/28/2020 - 2:06pm
New Media Rights' team was proud to work on Harleen Singh’s recent film, Drawn Together. With a lively backdrop of superheroes, comic books, and animated comics, Drawn Together: Comics, Diversity and Stereotypes brings together three talented artists—a Sikh, a woman, and an African American—who are challenging the racial, gender, and religious stereotyping currently endemic in America through their work.
This documentary has been selected in over 51 International film festivals and is the winner of 9 major awards including "BEST Documentary", "Freedom Award" and "Jason D Mak award for Social Justice".
The documentary provides the rare opportunity to explore the subjects of race, gender, and religion stereotyping through the universally popular medium of comic books and cartoons. Drawn Together boldly encourages viewers to unlearn stereotyping, look beyond the obvious, and confront media prejudices—all through an uncommon and inherently engaging everyday source.
“New Media Rights provided legal guidance for my film during a difficult situation. I found them to be extremely responsive, knowledgeable, experienced, honest and highly trustworthy. They guided me every step of the way and gave me personal attention. I went back to them for another work a year later as well. I would highly recommend Art and his team to anyone seeking legal representation that is honest, detailed, fair, timely and would keep your unique needs at the forefront.”
- Harleen Singh, Director & Filmmaker
This testimonial does not constitute a guarantee,warranty, or prediction regarding the outcome of your legal matter.
Submitted by New Media Rights last modified Thu, 05/28/2020 - 2:06pm
New Media Rights attorneys and California Western School of Law students recently worked on Adios Amor, a powerful documentary by Jane Greenberg and Laurie Coyle.
In Adios Amor, the discovery of lost photographs sparks the search for a hero that history forgot—Maria Moreno, a migrant mother driven to speak out by her twelve children’s hunger. Years before Cesar Chavez and Dolores Huerta launched the United Farm Workers, Maria picked up the only weapon she had—her voice—and became an outspoken leader in an era when women were relegated to the background. The first farm worker woman in America to be hired as a union organizer, Maria’s story was silenced and her legacy buried—until now.
Documentaries often need a variety of legal services, from hiring a crew, to copyright, fair use and licensing, to distribution agreements. New Media Rights works with a variety of documentary and fictional video creators to overcome the legal hurdles to making their productions a reality.
“We are grateful to New Media Rights for their review and Fair Use opinion letter of our documentary film. The clinic stuck with the review despite our extended timeline. Staff was extremely knowledgeable, thorough and professional and saved us money. Our E&O underwriter accepted the review without question. We would gladly work with New Media Rights on future projects and highly recommend the clinic.
-Laurie Coyle, Director / Producer
-Jane Greenberg, Co-producer
Executive Director Art Neill said "New Media Rights is proud to have helped on the legal side to ensure that Maria Moreno’s story reaches the public. The film tells a largely unheard but important story about a mother and advocate who played an important role in advancing farmer worker’s rights."
New Media Rights student fellow Alexandra Inman (a current 3L) worked with Executive Director Art Neill on this project. Alexandra had this to say about the project.
"As someone who aspires to work in entertainment law, it is a great experience to work through a fair use review for a documentary filmmaker. It's wonderful to practice on something that is often discussed in an interview in entertainment law and is not a common experience for a law student. Working alongside a filmmaker as they are turning their ideas into a final product to be enjoyed by a broad audience is an exhilarating experience that encourages practice of many of the client engagement skills we learn throughout law school while actively advocating for the creative ideas of our client." - Alexandra Inman, law student at California Western School of Law
This testimonial does not constitute a guarantee,warranty, or prediction regarding the outcome of your legal matter.
Submitted by New Media Rights last modified Tue, 12/03/2019 - 2:53pm
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