New Media Rights Joins The EFF And OTW In Petition For An Improved Video Excerpt 1201 Exemption

Today, New Media Rights filed a petition with the Electronic Frontier Foundation and the Organization for Transformative Works to the Copyright Office requesting that the office provide better protection for the right of educators, libraries, filmmakers, remix artists, and others to use video excerpts under fair use through Section 1201 exemptions. Section 1201 outlines the DMCA’s anti-circumvention provisions that make it illegal to bypass technological protection measures (TPM) (also known as Digital Rights Management (DRM)) that restrict access to copyrighted content, unless specifically exempted through this rulemaking which takes place every three years. The strangest part about the anti-circumvention laws is that you may be making a fair use of material, but if you've circumvented, you could still be violating federal law.  Simply put, 1201 is a broken and flawed area of copyright law, and current rules create confusing and unreasonably narrow exemptions. We are proposing an improved video exerpt exemption that is clearer and easier-to-use. Our improved video excerpt exemption would clarify that educators, libraries, filmmakers, remix artists, and others can make use of video excerpts under fair use without violating federal law.

As repeat players in these proceedings, particularly with respect to video excerpt exemptions, NMR, EFF and OTW notice that a pattern has emerged: a set of proponents submit ideas for exemptions to cover a variety of practical, socially valuable and otherwise lawful activities, a coalition of entertainment entities object – insisting, without evidence, that the proposed exemption might harm the continued growth of video markets – and then, eventually, the Librarian adopts a set of exemptions that recognize the need for an exemption, but are nonetheless both narrow in concept and often confusing in practice for users and copyright holders alike.

The exemption that our organizations propose gives the Copyright Office and the Librarian an opportunity to rethink this unnecessarily complicated approach. With respect to video excerpts in particular, a more streamlined approach will bring us closer to Congress’ intent, while making the rules clearer for both users and copyright holders. The proposed class will provide one clear exemption for video excerpts – removing confusion while maintaining critical protections for educators, libraries, professional filmmakers (including documentarians), remix artists, and others.

You can read our joint filing in the attachment below.

 

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Rebecca Coates Nee

Staff: 

Advisory Board Member

Joined NMR in: 

December 2017

Rebecca Coates Nee is an associate professor in the School of Journalism and Media Studies at San Diego State University. Her teaching and research center around how social media is changing media, politics, and audience behaviors. She has authored seven peer-reviewed articles published in academic journals and presented numerous conference papers. She earned her doctorate in educational technology from Pepperdine University. Prior to entering academia, she worked as a television news anchor/reporter at network affiliates across the United States.  She received her master’s degree in journalism from Northwestern University and bachelor’s in political science from the University of California at Santa Barbara.

NMR Testimonial - My Love Affair with the Brain: The Life and Science of Dr. Marian Diamond

Congratulations to our client Gary Weimberg whose documentary My Love Affair with the Brain has enjoyed some recent success! The documentary tells the remarkable story of the renowned Dr. Marian Diamond, one of the founders of modern neuroscience. 

The film first premiered on PBS on March 9, 2017, and went on to win the Kavli Science Journalism Gold Award for best in-depth science documentary in the world for 2017. It also has received seven awards at various film festivals for best documentary, audience favorite, and even best film in festival.

The film follows Dr. Diamond over a 5-year period, and introduces the viewer to the extraordinary woman and her many scientific accomplishments. In an era when so few women entered the science fields, Dr. Diamond persisted in her research and studies in neuroscience, eventually becoming the first person to perform a scientific analysis of the most famous brain of all time – Albert Einstein’s. As a professor at the University of California, Berkeley, Dr. Diamond helped launch the internet-education revolution with her “Introduction to Human Anatomy” series on YouTube. 

Filmmaker Gary Weimberg shared that “during the six months following the PBS premiere of My Love Affair with the Brain, the online YouTube anatomy lectures by Dr. Diamond jumped 2.6 million views, totaling 4.6 million to date. Which is absolutely amazing, considering that those millions of people must not only have watched the film, but then have been motivated to go online and learn more.”

“What a proud moment for all of us who love the brain!” – Gary Weimberg

Special thanks to New Media Rights alumni Cat Mineo and Mike Flesuras who provided legal services along with New Media Rights Executive Director Art Neill.

Weimberg also had this to say about working with New Media Rights:

“Art, and the whole New Media Rights team, were a big part of that success. I truly could never have finished the film without your careful, conscientious, kind, and well informed assistance.”

New Media Rights is proud and grateful to have provided legal services to this film. You can learn more about our services for filmmakers here.

This testimonial does not constitute a guarantee,warranty, or prediction regarding the outcome of your legal matter.

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Event: Copyright Law 101 - The Basics of Intellectual Property @ KPBS Explore Program Orientation

Assistant Director Shaun Spalding and New Media Rights Fellow Erika Lee will discuss the basics of intellectual property at the KPBS Explore Local Content Project Orientation on Wednesday December 13 at 6pm!

This workshop is made possible in partnership with the City of San Diego Economic Development Department.

Here's a link to the KPBS Explore Program page.

Where

KPBS

5200 Campanile Drive

San Diego, CA 92182

About the discussion

How does copyright protect your work, how does it protect the work of others? When do you need permission, and when can you reuse a photo, video, or audio clip without permission? We’ll answer these questions and also leave plenty of time for Q&A.

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Justin Hudnall

Staff: 

Advisory Board Member

Joined NMR in: 

April 2013

Justin received his BFA in playwriting from New York University’s Tisch School of the Arts. He currently serves as the Executive Director of So Say We All, a San Diego-based literary arts and education non-profit. In a prior career, he served with the United Nations in South Sudan as an emergency response officer. He is a recipient of the San Diego Foundation’s Creative Catalyst Fellowship and Rising Arts Leader award, and is an alumni of the Vermont Studio Center. He is a two-time semi-finalist for the Fish Publishing international short story contest and winner of the 2014 In-Cahoots Collaborative Arts Contest. His stories have been published by The Quotable, Art Pulse, The Naughty American, and Monologues for Men by Men. He produces and hosts the PRX public radio series, Incoming.

Forbes Blog: How A Name Can Make Or Break Your Business

New Media Rights latest Forbes post is all about how to choose and protect a name for your business. Special thanks to our co-author, Jordan Kohler, who is a New Media Rights alum and founder of Kohler Legal!

While it is exciting to choose a name for a new business or product, you should take a moment before you get those business cards printed up to properly establish your name. Taking the extra time at the beginning of a new business can help you reduce the likelihood of disputes with other companies, avoid confusing your customers, and help protect your overall brand.

You will thank yourself later if you take the time now to really consider whether the name that you want can grow with your long-term business goals. Why? Because “discovering that your perfect name was someone else’s perfect name first is frustrating, costs a lot of time and money, and can even end your business.”

The article outlines some common initial obstacles that business owners run into when choosing a name, like whether the name you want is available everywhere and whether you can even get trademark protection. It also discusses some of the offices, agencies and services that might affect a business owner’s brand choices, and how to search for potential conflicts. We’ve found that having a plan to address common initial issues can help you better choose names for your products and services that will last.

“The alternative - finding out years down the road that you have to rebrand after you’ve bought those business cards, attracted thousands of loyal customers, and built your business around a domain name that has to be forfeited - may be a logistical nightmare.”

You can read “How A Name Can Make Or Break Your Business” at Forbes.com. Check out other Forbes articles from New Media Rights here, including articles on topics like copyright, trademark, trade secrets, patents, music licenses, and navigating a lawsuit (part 1 and 2).

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New Media Rights joins 32 civil liberties groups in letter supporting Title II Net Neutrality

On December 7, 2017, New Media Rights joined more than 30 press freedom, civil liberties and open government groups in submitting a letter to Federal Communications Commission Chairman Ajit Pai urging him to cancel the scheduled Dec. 14 vote to undermine the open-internet protections put in place in 2015. The letter follows our recent comments to the FCC this summer in defense of Net Neutrality.  You can read those comments here and learn more about the most recent battle to protect net neutrality here. New Media Rights' has advocated for net neutrality for nearly a decade through comments and the Consumer Advisory Committee at the Federal Communications Commission. Our policy recommendations were heavily cited and relied upon in the FCC's 2015 order implementing Net Neutrality.
 
The letter was signed by the American Civil Liberties Union, the Association of Alternative Newsmedia, the Center for Media Justice, Civic Hall, Color Of Change, Defending Rights and Dissent, Fairness & Accuracy In Reporting, Free Press, the Freedom of the Press Foundation, Globalvision, Inc., Local Independent Online News Publishers, Media Alliance, the Media Consortium, the Media Mobilizing Project, the National Coalition Against Censorship, the National Hispanic Media Coalition, Native Public Media, New Media Rights, New York Tech Alliance, the Online News Association, the Participatory Politics Foundation, PEN America, Personal Democracy Forum, Reporters Without Borders, the Society for Professional Journalists, the Student Press Law Center, the Sunlight Foundation, the Tully Center for Free Speech, the Wikimedia Foundation, WITNESS, the Writers Guild of America, East, and the Writers Guild of America, West.

In late November, Pai scheduled a vote on his plan to overturn nearly all of the Net Neutrality safeguards put in place during the Obama administration. If the FCC adopts Pai’s proposal on Dec. 14, internet users will be exposed to blocking, throttling and paid prioritization of online content by the handful of internet service providers that control access in the United States.

The text of the letter to Chairman Pai follows below:

Dear FCC Chairman Ajit Pai:

We are more than 30 advocates for press freedom, journalism, free expression and open government, united in our opposition to your planned repeal of the Federal Communications Commission’s successful open-internet rules.

We understand that you plan to vote on this repeal on Dec. 14. We urge you to reconsider your plans and cancel that vote. You must not abandon Net Neutrality, nor abandon in the process the agency’s congressional mandate to prevent unreasonable discrimination by the broadband providers that carry the internet traffic of everyone in this country.

In 2014, groups and organizations like ours wrote to your predecessors at the agency. We called on them to protect online free-speech rights by grounding open-internet rules in the FCC’s clear authority under Title II of the Communications Act. The FCC did just that in February 2015, preserving the open character of this essential communications infrastructure. The federal courts have upheld those rules twice since then.

This was a tremendous victory for free speech and freedom of the press. The open internet is today our main conduit for expression and information. It is our library, our printing press, our delivery truck and our town square. Journalists, academics, governments and local communities depend on it to connect, communicate and collaborate every day. And as old models for news and information evolve or decline, the internet presents opportunities for new and independent media outlets to emerge.

Your plans could change all of that. Letting broadband providers block, throttle or discriminate against online content, services and applications gives them tremendous power. Allowing them to relegate disfavored speakers and content to slow lanes while prioritizing the viewpoints of those who are willing or able to pay more would change the open character of the networks we rely on to communicate, cover the news and tell our stories.

Your proposal would give entrenched media, cable and telecom companies like AT&T, Comcast, and Verizon life-and-death control over the voices and businesses of independent news gatherers. It would give them unfettered power over our viewers and readers, potentially blocking not just what people can see on any single website or powerful online platform, but what they can find anywhere online. This would have a chilling effect on our rights and our ability to access, report and share information free of gatekeeper control by those large broadband providers.

Contrary to the arguments you have presented, the current rules pose no threat to innovation and investment. Research citing broadband providers’ own financial disclosures makes it clear that these companies are still investing in better and faster networks, undeterred by either the rules or the legal framework you intend to discard.

You have suggested that broadband-provider transparency and promises alone will fill this vacuum. But we can’t rely on or expect private entities to behave. These companies want to privilege certain speakers over others to increase the return to their shareholders. They have no interest in serving the public.

From the beginning of our nation, U.S. laws and leaders have protected the right to free expression and dissemination of information over public and private networks alike. They have acknowledged the fundamental need for our speech to be delivered without discrimination. Freedom of the press was not simply the freedom to print, but also the freedom to distribute speech across the country through the postal service. Our ability to use that network (and its successors) is central to our ability to self-govern.

To preserve the open internet as a vibrant space for press freedom and freedom of information, the FCC must continue to follow the law set out in Title II of the Communications Act. It must continue to treat broadband internet access services as telecommunications services, subject to longstanding prohibitions against discrimination and blocking. And it must not move ahead with its dangerous plan to remove any semblance of the open-internet rules grounded in that law.

Signed,

Faiz Shakir
American Civil Liberties Union

Jason Zaragoza
Association of Alternative Newsmedia

Steven Renderos
Center for Media Justice

Brandi Collins-Dexter
Color Of Change

Sue Udry
Defending Rights and Dissent

Janine Jackson
Fairness & Accuracy In Reporting

Craig Aaron
Free Press

Trevor Timm
Freedom of the Press Foundation

Rory O’Connor
Globalvision, Inc.

Dylan Smith
Local Independent Online News Publishers (LION)

Tracy Rosenberg
Media Alliance

Jo Ellen Kaiser
Media Consortium

Bryan Mercer
Media Mobilizing Project

Christopher Finan
National Coalition Against Censorship

Alex Nogales
National Hispanic Media Coalition

Loris Taylor
Native Public Media

Art Neill
New Media Rights

Irving Washington
Online News Association

David Moore
Participatory Politics Foundation

Suzanne Nossel
PEN America

Margaux Ewen
Reporters Without Borders

Andrew Rasiej
Personal Democracy Forum
Civic Hall
New York Tech Alliance

Rebecca Baker
Society for Professional Journalists

Hadar Harris
Student Press Law Center

Alex Howard
Sunlight Foundation

Roy Gutterman
Tully Center for Free Speech

Jan Gerlach
Wikimedia Foundation

Sam Gregory
WITNESS

Beau Willimon
Writers Guild of America, East

Ellen Stutzman
Writers Guild of America, West

 

 

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Our 2017 Accomplishments!

Whether you’ve joined us as a Student or Open Internet Defender, we’re stronger than ever thanks to support from individuals like you!

If you haven’t become a Supporter, we need your support more than ever this year. Please consider joining our community of supporters by making a donation and help us continue to fulfill our mission to:

  • Provide free and dramatically reduced fee one-to-one legal services to underserved creators and innovators that need specialized help with Internet, intellectual property, media, and technology law
  • Defend the Open Internet and push for badly needed copyright reform.
  • Create high quality legal educational materials and to educate the next generation of lawyers.

With your support we’ve done this and more in 2017:

In 2018, with your support we plan to:

  • Continue to provide free and dramatically reduced fee one-to-one legal services to 500+ underserved creators and innovators.
  • Launch a new resource library with accurate, affordable and actionable content for creative professionals, tech startups, and small businesses. 
  • Sponsor and organize various workshops, clinics, and community events throughout the San Diego region and the United States about privacy law, copyright law and digital rights.
  • Work on policy initiatives including securing expanded exemptions to section 1201 of the Digital Millennium Copyright Act, and fighting to preserve net neutrality.

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Check Out Our New Forbes Blog!

Art Neill, Founder and Executive Director here at New Media Rights, began writing as a guest contributor for Forbes this past May, covering a variety of legal issues for creative professionals and small businesses. His articles have been chosen as Editor’s Pick three times since then!

This week’s post is all about Errors & Omissions insurance. Errors & Omissions (E&O) insurance is one safety net (among others) that a small business should consider to protect its assets. “Essentially, an E&O insurance policy will back you up when you make a mistake or an error.” Sometimes, even small mistakes can be costly, so it is important to understand the unique protections of Errors and Omissions insurance - especially if you have a business in the technology or media fields.

“Even if your particular industry doesn’t require E&O insurance, it may still be worth considering purchasing. For example, if you provide a service or software that your clients rely on heavily to do business or manage data, or if you produce any kind of creative work that reuses someone else’s content, then you will want to consider purchasing E&O insurance.”

The article also lays out some key differences between E&O insurance and General Liability insurance, and breaks down some of the different policies that are commonly available. For instance, one policy that the article discusses is Producer’s E&O insurance, which “protects a piece of media from claims of copyright infringement, libel, slander, and plagiarism (among other things).” We’ve often worked with filmmakers who need this type of insurance policy in place before they can distribute their films using large platforms or distribution companies. For filmmakers, this can be an important protection to have in case a claim is brought against their film.

You can read “Errors & Omissions Insurance: A Safety Net For Your Business” at Forbes.com. Check out other Forbes articles from New Media Rights here, including articles on topics like copyright, trademark, trade secrets, patents, music licenses, and navigating a lawsuit (part 1 and 2).

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