New Media Rights Testifies at the Copyright Office Hearings on § 1201 Anti-circumvention Exemptions

On April 24, New Media Rights joined the Electronic Frontier Foundation and the Organization for Transformative Works to testify in support of a streamlined class 1 video exemption to the anti-circumvention provisions of the DMCA (17 USC § 1201).

Section 1201 outlines the DMCA’s anti-circumvention provisions that make it illegal to bypass technological protection measures (TPMs) (also known as Digital Rights Management (DRM)) that restrict access to copyrighted content. However, if the reason for breaking encryption on the content falls under an exemption to the statute, then the circumventor is relieved of liability for breaking the encryption.

Every 3 years, the Copyright Office considers exemptions to the anti-circumvention provisions. Last year in September and December, we submitted comments to the Copyright Office, as well as reply comments in March of 2018 that supported streamlining the language of these exemptions in a way that would allow individuals to circumvent TPMs on audio-visual content in order to use short clips from those videos for the purposes of commentary and criticism. These comments are in addition and separate to petitions we filed last summer to continue protection of fair use for documentary filmmakers, remix creators, and consumers who want to install software of their choice on smartphones and tablets. These earlier petitions were preliminarily granted last fall and mirror 2015’s exemptions, but the current structure of 8 confusing subclasses can be improved.

At the hearings, we asserted that our proposed class 1 simplifies the existing language of the class and ties the class to the four factors of fair use. Our proposed class 1 also: (a) removes language in the existing class that distinguished the exemptions based on types of users while maintaining a variety of limits such as requiring “short portions” for “commentary and criticism” to closely align with fair use, and (b) adjusts the language that identifies particular TPMs to account for future improvements in technology.

Our goal is to streamline the exemption for video excerpts – removing confusion while maintaining critical protections for educators, libraries, professional filmmakers (including documentarians), remix artists, and others.

From left to right: Art Neill (NMR), Erika Lee (NMR), Jack Lerner (UC Irvine Intellectual Property, Arts, Technology Clinic), Betsy Rosenblatt (OTW), Tisha Turk (OTW), Cory Doctorow (EFF), and Katharine Trendacosta (EFF).

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Don't Panic! Evaluation Copy Request for Professors and Teachers

Get a free evaluation copy of Don't Panic

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To celebrate the nine college and graduate programs that have adopted our book Don't Panic: A Legal Guide (in plain English) for Small Businesses and Creative Professionals...
 
We will send you a *FREE* evaluation copy if you're a media studies, entrepreneurship, filmmaking, development, journalism, or art teacher interested in integrating practical business and legal issues into your syllabus or adding our book as recommended reading.
 
Fill in your information in the form and we'll follow up to get a book out to you! Supplies are limited.
 
For classes in southern California, we'd also be happy to schedule an in-person guest lecture if you'd like. Reach out to us via email at education@newmediarights.org after filling out the form.
 
We’re trying to find like-minded instructors who believe it’s important teach students about the day-to-day entrepreneurial realities of the creative fields their students will be entering into after graduation. Because unfortunately, New Media Rights typically sees these recent graduates only *after* they’re facing a legal issue and need our assistance.
 
We'd love your help to ensure students know how to prevent legal and business issues.

Forbes Blog: Responding to Defamation Online

New Media Rights’ latest blog post for Forbes is all about defamation and what you should know before you decide to pursue a claim. Whether you own a business or have an active online presence, a hurtful statement can have disastrous and far-reaching effects. But just because someone said something mean doesn’t mean it’s illegal.

“Yes, it is true that our society places a significant value in freedom of speech, but there is a point, however, where statements normally protected under free speech cross into the realm of defamation. So the first step is recognizing what defamation looks like.”

The third part of the “Responsible Enforcement” series walks through the basic differences between defamation, libel, slander and false light, and outlines some key things to think about if or when defamation arises in your business or on your social media.

Defamation protects people from the harm that can occur from other people lying about them (both verbally and in writing). “Even though it is not fun for the parties involved, defamation cases tend to make pretty great news stories due to the salacious mudslinging.” So it is important to know how to handle these disputes in a way that helps protect your business model and preserve your company’s brand, or even your reputation.

You can read “Responsible Enforcement: How To Respond To Defamation Online Without Damaging Your Reputation” 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, navigating a lawsuit (part 1 and 2), the importance of branding choices, and responsible enforcement of your rights (part 1 and 2).

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New Media Rights urges California legislators to enact state-based net neutrality protections

New Media Rights has advocated for net neutrality for nearly a decade through comments (our most recent comments defending net neutrality were submitted last summer) and our work with the Consumer Advisory Committee at the Federal Communications Commission. While the FCC repealed net neutrality protections in December, the fight to preserve a free and open internet does not end with the federal government. A number of states have recently introduced legislation to ensure that net neutrality protections survive, and in California, it has taken the form of a handful of bills that would offer comprehensive protection.

Today, New Media Rights sent a letter to senators Ben Hueso and Mike Morrell, the chair and vice-chair of the California Senate Standing Committee on Energy, Utilities, and Communications urging them to support SB 822.

The bill puts the full weight of state authority behind promoting a free and open internet by conditioning ISP receiving franchises, state subsidies, and use of utility poles on adherence to net neutrality principles, including a ban on a form of self-dealing not included in the FCC’s 2015 Open Internet Order.

This is an opportunity for Californians to make a decision about the kind of Internet they want to see. Our letter urges California legislators to enact net neutrality rules under SB 822 to protect the interests of California citizens.

Without net neutrality, small businesses cannot compete if large corporations can receive paid prioritization from ISPs, and disfavored communities lack the protections they need to create and share their expressions online without having their content throttled or blocked.

You can read our letter at the attachment below.

Tomorrow, April 11, 2018, is a day of action to tell California state senators on the Utilities and Energy Committee and the Judiciary Committee to support SB 822. To learn more about how you can help California secure net neutrality protections, visit this site to show your support for SB 822.

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PDF icon SB 822 NMR Letter of Support.pdf222.08 KB

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Event: Copyright for Creatives @ San Diego City College

Executive Director Art Neill and New Media Rights Fellow Erika Lee will discuss the basics of intellectual property at the San Diego City College on Tuesday, May 1 at 6pm!

Come join us! The event is free and open to the public. This event is made possible in partnership with the City of San Diego Economic Development Department.

Where

San Diego City College

Room V101

1313 Park Blvd

San Diego, CA 92101

About the event

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, provide a brief overview of copyright law, and also leave plenty of time for Q&A.

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Natalie Nicol

Staff: 

Advisory Board Member

Joined NMR in: 

March 2018

Natalie is an in-house lawyer who works on intellectual property, e-commerce, licensing, privacy, and other corporate legal matters. She is an Internet Law & Policy Foundry Fellow and a part of the team at Without My Consent, a non-profit seeking to combat serious online invasions of privacy. She earned a J.D. from University of California, Hastings College of the Law and a B.A. in Journalism and Mass Communication from Arizona State University. During law school, she was an intern at the Berkman Klein Center for Internet & Society at Harvard University, the Electronic Frontier Foundation, and the First Amendment Project. Outside of her legal practice, she is deeply passionate about music and the arts.

Forbes Blog: Responsible Enforcement of Copyrights and Trademarks

New Media Rights latest multi-part series for Forbes is all about enforcing your intellectual property rights responsibly. There are many types of legal disputes that you might encounter when you own intellectual property.  While there is no definitive formula to solving every type of legal dispute, there are things you can keep in mind the next time you find yourself in a bind.

The first part of the series addresses copyright disputes, and breaks down some of the do’s and don’ts of handling infringement effectively. Often copyright owners don’t know what to do when they believe that someone is infringing on their work.

“Despite what you’ve seen on TV, showy speeches and nasty lawyer letters are often the worst way to resolve a copyright dispute.” Rather, it is often the creative methods that are the most effective at combating copyright infringement.

The second part of the series is about trademark disputes, and outlines some key tips and action steps for enforcing your trademarks responsibly. If you’re a business owner, you should know what kind of protection your trademarks get you, how to maintain that protection, and when to take action against someone else.

“Although as a trademark owner you do have to defend your trademark to keep it, there is a big difference between enforcing your trademark so it doesn’t become generic and trying to squash every potential use of your trademark.” Trademark over-enforcement has become a bit of an epidemic, but it doesn’t have to be that way.

You can read part 1 and part 2 of the Responsible Enforcement series at Forbes.com, and stay tuned for our upcoming part 3 of the series on Defamation. Check out other Forbes articles form New Media Rights here, including articles on topics like copyright, trademark, trade secrets, patents, music licenses, navigating a lawsuit (part 1 and 2) and the importance of branding choices.

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Generous Sponsors are Matching Donations to NMR Up to Seven Dollars for Every Dollar Donated This Month

We are excited to announce that New Media Rights has been invited to participate in the DuckDuckGo Privacy Challenge. The generous support of all of you donors on Giving Tuesday in 2017 has provided the needed momentum to get us to where we are now with this challenge!

Being invited shines a spotlight on our goals in the privacy realm: we're attorneys who help creators, startups, and non-profits diffuse privacy-related ticking time bombs before they explode into legal issues.

Startups, app developers, and creative projects often have to choose between either (a) having money to create and launch the project or (b) spending the $1000’s or $10,000’s for lawyers and consultants required to vet their privacy practices and draft their privacy policies. The average hourly rate of attorneys working in IP, privacy, and media law is $300-500 an hour.

That’s why privacy compliance is seen as an expensive luxury compared to customer acquisition (for businesses), launch (for app developers), or serving their communities (for nonprofits). This is why these projects choose to “roll the dice” by forgoing privacy audits until it is within their budgets. But for most organizations though, it will never be in their discretionary budget.

Through our pro-bono and low cost services, our goal is to change that, get these projects the advice they need before they launch and prevent consumer privacy violations before they happen.

Donate here in any amount

Here’s how the Challenge works

Our sponsor is providing large incentives and matches that change weekly for donations we raise.

Our best shot at getting as many bonuses as possible for you to donate between March 20 – March 27 and April 3 – April 10. A little goes a long way - if you gave only $20 those weeks, it would mean that we'd receive $120 from your donation.

But donating anytime during between now and April 10th will provide a match of at least double and up to 7 times the amount that you donate. If you intended on supporting us this year, this is a great time to do it.

What your support helps us do

Any money we raise during the challenge goes to support our direct legal services for creators, non-profits, and start up projects.

For those we cannot help directly it goes to build and maintain our educational resources, like our Field Guide to Secret Audio and Video Recordings, or our guide on video releases and how to properly use and publish audio and video, or on how to identify and remove cell phone tracking software. We’ve also created a video guide on mobile device privacy.

We’re surrounded by lots of other great organizations

The Challenge highlights 20 other organizations protecting data privacy in different ways. Although we’re “competing” to raise the most money to earn a grand prize, all of the organizations involved are worth supporting and some we’ve even partnered with in the past.

Only 21 groups were chosen to participate in the challenge, and we are honored to be a part of this year’s campaign. Other organizations participating this year include Fight for the Future, Demand Progress, the Tor project, and many other organizations worth supporting that advocate for an open internet, protections for journalists, and free speech. Shout out to these organizations:

Access Now

Access Now does important policy work, advocacy, and provides technical support to fight for open and secure communications.

Here at New Media Rights, when we’re not providing one to one preventative transactional legal services, we similarly focus on turning our extensive knowledge into educational resources for the public, and advocating for net neutrality, the Open Internet, and important DMCA protections.

If you support us for the policy work we do, consider supporting Access Now during the campaign as well.

Terms of Service; Didn’t Read (ToS;DR)

ToS;DR aims to help the average internet user understand what’s in terms of use and privacy policies and rates them on their consumer friendliness with a crowd-sourced labeling system crowd-sourced. It is important that the everyday internet user understand terms of use and privacy policies because they are binding contracts that affect your rights and responsibilities.

Translating complex legal subjects into plain English and crafting clear, accurate, and understandable legal agreements like terms of use and privacy policies is something does in its direct services and educational work everyday.

If our work making the law easy to understand to average internet users is something that you plan to support us for, consider supporting Terms of Service; Didn’t Read as part of this challenge as well.

The Calyx Institute

The Calyx Institute is a nonprofit education and research organization devoted to studying, testing and developing and implementing privacy technology to promote free speech and privacy rights. Building systems that online service providers can use to implement privacy controls into their platforms is an important step towards “privacy by design,” a privacy framework that builds privacy into the design, operation and management of information technologies rather than after the fact.

Here at New Media Rights, we work to help online businesses and app developers take preventative measures to protect user and customer data, including counseling on the importance of adhering to “privacy by design” principles at the outset of a business.

Advocating for privacy by design prevents privacy violations before they happen, so consider  supporting the Calyx Institute during the campaign.

Privacy Rights Clearinghouse (PRC)

Also located in San Diego, PRC is a nonprofit consumer education and advocacy organization that provides creates educational publications, and advocates for consumer-friendly policy. PRC’s work engaging, educating and empowering individuals to protect their privacy is important now more than ever, as our changing technology continues to change the way we interact with each other and other companies.

Like PRC, New Media Rights strives to be a local resource for the public in San Diego. If you support New Media Rights as a useful safety net in the local community consider supporting PRC as well during the challenge.

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