Camille Collantes

Legal Intern

Joined NMR in: 

May 2016

Camille studied Political Science, French, and Spanish while as an undergrad at California State University San Marcos. Before entering law school, she served as a Peace Corps Volunteer in the West African Republic of Benin, where she was posted as an English teacher for two years. Camille had an amazing experience there and was able to do some cool activities like teaching students about malaria and proper hygiene, hosting an English radio show, and learning the basics of a few local languages.

Now entering her second year at California Western School of Law, Camille is looking forward to expanding her knowledge in various areas of the law, including intellectual property and international law.

When Camille is not in class or interning at New Media Rights, she is fond of listening to electro swing, binge watching shows on (some) weekends, walking around Balboa Park, and spending time with family.

Event: Copyright for Media Makers 2016

A great creative project or business starts with a solid legal foundation. Come join us this Thursday May 12 at 5:30pm for a free legal workshop and Q&A at San Diego City College hosted by SD City RTVF - Open to all and will be held in room C211. Brought to you in partnership with the City of San Diego's Office of Economic Development.

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AALS Clinical Conference panel on developing technology-enhanced community education resources in law clinics

On May 2, 2016, Executive Director Art Neill moderated a panel at the 2016 American Association of Law Schools clinical conference entitled "Community and Pedagogical Benefits of Developing Public Education Resources and Engaging in Technology Enhanced Representation."

Here's a detailed description of the panel:

In serving both our communities and students, as clinicians we oftentimes need to be creative about our methods of community engagement and litigation focus/case acceptance practices.  Traditionally clinics revolve around a live-client model of individual client centered representation.  But what happens when we as clinics need to make an impact for more than one individual at a time? Are there non-case related ways that we can create useful legal pathways for our current and future clients, and our community? 

Part 1 of this session will discuss the pedagogical benefits and successful approaches when working with students on creating public education resources.  Focusing on non-traditional resources including apps and video, we’ll discuss how this work advances pedagogical goals of doctrinal learning and client counseling. Specifically, panelists will explain how student work developing public education resources supports not only doctrinal learning by reinforcing concepts learned in the classroom, but also fundamental client counseling skills, such as being able to explain legal concepts to non-lawyers. Through open moderation and audience participation, panelists will discuss a variety of public education projects they have undertaken in their clinics, including the Fair Use Best Practices for Documentary Filmmakers and Online Video Creators, as well as the Fair Use App, and a variety of educational video series and written resources.

Part II of the session will introduce attendees to A2J, a software system with an authoring tool that creates graphical Guided Interviews, which walk self-represented litigants through a legal process.  Presenters will discuss the pedagogical model as implemented within clinics; present specific clinic project guided interviews; direct attendees to various teaching materials created by clinics using this software; and expose attendees to new pedagogical perspectives and tools generated by the professors who have taught in the Project.  Syllabi and sample interviews will be made available.  

Panelists included
 

Art Neill, New Media Rights & California Western School of Law 

Jack I. Lerner, University of California, Irvine School of Law 

Victoria F. Phillips, American University, Washington College of Law 

Carrie Hagan, Indiana University Robert H. McKinney School of Law 

Alexander Rabanal, CALI 

 

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Danasia Neal

Legal Intern

Joined NMR in: 

May 2016

Prior to entering law school, Danasia Neal received her Bachelors of Art and Sciences in Criminal Justice from Wayne State University. Leaving the Motorcity, she decided to pursue her dreams as an attorney here in San Diego, California. Although Danasia loved Criminal Justice, she took a turn in her career interests focusing on her true passion: Music and Media/Internet law.

As Danasia enters her 3rd year of law school, she has gained interests in not only Entertainment Law but also Business and Employment Law. She plans to begin her own Firm one-day practicing in the mentioned areas, specializing in Employment/Entertainment Law.

At Cal Western, she currently sits as the President of the Student Intellectual Property Law Association and the Vice President of the Employment and Labor Law Society.

When Danasia is not working or studying, she mentors younger adults, reads success books, and catches up on new music.  

Zayde Khalil

Legal Intern

Joined NMR in: 

May 2016

Zayde received a Bachelors of Arts Degree in Sociology with honors at Western New Mexico University, and was inducted into the Western New Mexico University student Hall of Fame in 2015. During his time at Western New Mexico, Zayde played college football, and was the Senior Student-Athlete of the year in 2015.

Zayde is entering his second year at California Western School of Law, where he is an active member of both the Middle Eastern Law Student Association and the Entertainment and Sports Law Society. During his first semester in law school, Zayde earned the American Jurisprudence award in Property I for having the highest grade in the class.

Zayde is specifically interested in contract law and the legal aspects of copyright and trademark issues. Zayde is passionate to intern at New Media Rights so he can give legal assistants to artists, filmmakers, photographers, and entrepreneurs, because he comes from a family background of self-made entrepreneurs.

Outside of work and school, Zayde is an avid moviegoer, sports fanatic, and enjoys hiking throughout beautiful San Diego with his dogs. 

New Media Rights asks for legislative reform in comments to Copyright Office's DMCA Section 512 study

The DMCA Section 512 is a critical protection for internet-based services large and small against copyright claims based on user infringement.  However, Section 512 creates an easy, out of court process to remove speech from the internet through its notice and takedown provisions.  This process is frequently abused to remove otherwise legal content from the internet. We recently proposed legislative reforms that would address key problems with section 512, and shared our firsthand experiences with clients dealing with section 512.

We particularly want to thank our intern Erika Lee, 3L from California Western School of Law, for her work helping draft these comments.

Part 1 discusses section 512(f)'s failure to prevent copyright bullying, and the lack of clarity regarding when fair use should be considered before sending a takedown notice, and proposes specific legislative reforms to address these issues.

Part 2 focuses on the problems of large copyright holder intimidation, as well as the vast errors that occur with automated takedowns.

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New Media Rights joins filmmaker groups asking for copyright reform of Section 1201 of the Digital Millenium Copyright Act

Following up on our recent comments requesting reform of section 1201 of the Copyright Act, last Friday April 1 NMR filed a reply comment with the International Documentary Association, Film Independent, Kartemquin Educational Films, and Indie Caucus.

Section 1201 unecessarily restricts all kinds of otherwise legal reuses of content, including by filmmakers, consumers, and remix creators. 

This reply comment asks the Copyright Office to fix the ineffective section 1201 process, which does little to prevent actual copyright infringement. Our initial comment asks for a complete reform to section 1201 through legislative action. This is more focused on advising the Copyright Office of procedural changes it can make to section 1201’s rulemaking proceedings while we await legislative change.

We again want to thank 2L Rayman Khan and 3L Nicholas Petruolo for their research and work drafting New Media Rights' comments to this proceeding.

We appreciate the opportunity to offer the Copyright Office suggestions to improve the section 1201 DMCA processin light of our firsthand experience from working with clients who frequently deal with Section 1201 on a regular basis. 

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New Media Rights seeks reform of section 1201 Anti-circumvention provisions in Copyright Office study

Before the end of 2015 the Copyright Office issued a Notice of Inquiry and Request for Public Comment on Section 1201 of the Digital Millennium Copyright Act (DMCA). Section 1201 outlines the DMCA’s anti-circumvention provisions that make it illegal to bypass any technological protection measure (TPM) (also known as Digital Rights Management (DRM)) that restricts access to copyrighted content. But simply put, it is a broken and flawed area of copyright law.

Before we begin a rundown of our comments, we want to thank California Western School of Law 2L Rayman Kahn and 3L Nicholas Petruolo for their fantastic work helping draft these comments.

The Notice of Inquiry was intended to assess the operation of section 1201, along with the triennial (every three year) rulemaking process established under the DMCA to adopt exemptions to the prohibition against circumvention of TPM’s. Based on our long history of advocating for DMCA exemptions, New Media Rights (NMR) participated in this effort by filing a public comment on March 1, 2016. The comment addressed several questions laid out in the notice of inquiry, drawing directly from New Media Rights’s experiences from working with clients navigate 1201 on a regular basis.

The comment is organized into two main parts. The first section discusses the problems associated with the current language and triennial process established under Section 1201, specifically the provision’s effect on individuals looking to make fair use of copyrighted material. Additionally, this first section proposes an amendment as the most appropriate action needed to correct the many problems Section 1201 poses to technological innovation, consumer rights, and First Amendment protections. The second section of the comment, acknowledging that the legislative reform may take time, focuses on ways in which the triennial rule-making process can be improved more quickly by regulatory change at the Copyright Office.  

The first section touches on the key ways section 1201 is failing: (1) the high demands on time and resources for proving exemptions, (2) the unnecessarily high burden for proving exemptions, (3) examples of ways in which exemptions routinely fail creators making lawful uses of content, and (4) lastly the significance of excluding fair use from exempt status.

To exemplify how Section 1201 fails those who wish to lawfully re-use content, we highlight an example regarding the current exemption allowing documentary filmmakers the ability to circumvent TPM’s. In our comment to the 2015 1201 exemption proceeding, New Media Rights argued for expansion of this exemption to include broader protections for all films seeking to make fair use. Our comments throughout the proceeding reiterated the complications involved in distinguishing between genres of film. We pointed to the fact that many genres of film such as “biopics,” “inspired by,” “based on a true story,” and films shot in a “documentary type” style are hard to classify as either documentary or non-documentary type films. Not only do filmmakers need to correctly establish a fair use argument, but they also need to prove their film was in fact a “documentary” film in order to be exempt under the anti-circumvention provisions of Section 1201.

Our proposed solution included a legislative amendment to Section 1201, which would help clarify the role of fair use in relation to the anti-circumvention provisions. Such an amendment would negate many of the problems Section 1201 imposes on those seeking to make fair use of copyrighted content. Our comment also includes discussion on how such an amendment would not jeopardize any of the United States’ obligations under any international treaties or foreign trade agreements regarding prohibitions on circumvention.

The second section of our comment looks into the various regulatory changes the copyright office may be able to undertake in order to better improve Section 1201. We criticized the burdens of proof required under the rulemaking process and the current de novo review procedures when arguing for exemptions. We also make arguments in favor of less ambiguous language for the evidentiary standards, as well as establishing a basis of confidentiality when trying to provide detailed evidence in support of exemptions.

New Media Rights appreciates the opportunity to provide the Copyright Office with insight based on our first hand experience with clients who frequently navigate Section 1201, but it’s past time to make some changes. 

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See you at SXSW 2016!

Thanks to your votes, New Media Rights is heading to SXSW interactive in Austin, Texas. On Tuesday March 17th at 2:00PM in room 5ABC of the Austin Convention Center we’ll be presenting our panel “Can We Just Play? The Legality of Let's Play Video”.

Let's play videos are more popular than ever, however, for many creators what's legally okay and what isn't is more unclear than ever. Come learn the basics of copyright and trademark law that you need to know to keep your videos and streams up. Also get a chance to hear from legal experts and video creators about hot topics like Easter Egg Videos, Esports and using in-game music.

Joining Art and Teri will be Wikimedia Legal Counsel and lifelong gamer Jacob Rogers, as well as Angelo Alcid attorney and writer of the Journal of Geek Law.

So if you'll be at SXSW come check it out! Don't have a badge? No worries! SXSW gaming is open to the public so if you happen to be in Austin and are willing to brave the SXSW crowds come on by! If you can’t make it, you can follow our panel on twitter using #NMR.


 

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