Fair Use Week 2018 Reminds Us Why Fair Use Is Worth Protecting

Submitted by New Media Rights last modified Mon, 02/26/2018 - 2:15pm

It's Fair Use Week 2018 this week, but every week is Fair Use Week for New Media Rights, because everyday we fight for artists and innovators against legal bullies who don’t respect fair use. 
 
Fair use is the vehicle millions of individuals use to exercise their freedom of expression every day. That's why this week, we'll be highlighting why fair use is important to creators and what New Media Rights is doing and has done to support it.
 
WHAT IS FAIR USE?
 
Fair use allows creators, in limited circumstances,to use other people's copyrighted materials without permission from the copyright owners
 
So why is this so important?
 
Free speech, creativity, and our economy all require strong limits on copyright holders. Otherwise political, educational, and cultural discourse can be controlled by copyright owners and "licensed" by them to the highest bidder. 
 
Copyright law was written into the U.S. Constitution specifically "to promote the progress of science and useful arts..."
 
If you read this closely, you’ll notice that copyright law wasn’t created soley ensure the owners of creative works make money. Instead, the Founding Fathers understood that the fundamental goal of copyright law is that the public benefit from access to creative work. They wanted would-be creators to have an incentive to create, but they also knew that access to works was critical to provide societal benefits of artistic and scientific expression. So they included a way to balance those two things in the Constitution: bestowing Congress with the power to grant creators the  exclusive right to control their creation, with exceptions, for a limited period of time. And when that period expired, the public could legally copy or use that work for any purpose. Reflecting on copyright law’s benevolent purpose, the Supreme Court summarized it in one great little phrase: “[Copyright law exists to] stimulate artistic creativity for the general public good.” Twentieth Century Music Corp. v. Aiken, 422 U.S. 151, 156 (1975).
 
Although modern justifications for copyright may differ, U.S. copyright laws are meant for the public benefit as much as private benefit, and fair use is the safety value that allows science and culture to progress while still allowing creators to make money off of and maintain control over their art.
 
Fair use allows many industries, including movies, music, and the Internet, to flourish. For example, Fair use is the reason that search engines like Google and DuckDuckGo can exist. Looking at some examples of how many of us rely on fair use in our daily lives shows what an indispensable part of America’s economy and culture fair use is. From pop culture criticism, to video game and film reviews, political advertisements, news, documentaries, memes and more, fair use is there everyday allowing us to have cultural and political discussions.
 
 
WHY IS FAIR USE WORTH PROTECTING?
 
Copyright gives copyright holders control over who can and can't reuse their work. This covers alot of reuses, and now lasts for life plus 70 years of the author (note it was 14 years at the founding of the United States). Unfortunately, some copyright holders want to overreach and control any use of their work, including who can discuss and criticize their work.
 
To attack artists relying on fair use, some copyright holders threaten lawsuits with excessive "statutory damages" and litigation to intimidate artists who make legitimate fair uses of a work. Artists faced with the choice between "being sued" or taking down their work will simply take down their work because they can't afford $300+/hour for a lawyer to defend them. This doesn't stop at just artists. Journalists, tech startups, documentarians all have their self-expression chilled or technological innovation stifled because it's not worth the risk of millions or billions of dollars in damages, even when the copyright holder's threat is bogus or "gray area" at best.
 
We've seen how easy it is to bully filmmakers, artists, and journalists attempting to rely on fair use...
 
We helped remix artist Jonathan McIntosh get his amazing 'Buffy Versus Edward' remix back up after it was repeatedly taken down. We also helped the Media Literacy Project stand up to a bogus copyright claim from a third party. We even helped the Lansdowne Library Teen Advisory Board get a group of middle school kids' Beat It parody video unmuted after it was disabled for the second time through YouTube’s Content ID system.  From Youtube, to Amazon, Etsy, Google Play, Apple Store, and more, we've seen first hand how copyrgiht owners overreach.
 
Threats of Copyright takedown notices should not be used as a weapon against art or criticism copyright owners don't like. New Media Rights has been a strong advocate against "content bullying" (copyright holders using copyright to silence other's speech) You can read more about our work against content bullies.
 
A strong, protected system of fair use, and lawyers willing to stand up to bullies who use these intimidation tactics are keys to thriving cultural and technological innovation.
 
Efforts to curb copyright infringement should be encouraged but not at the expense of legitimate uses. Supporting a balanced copyright system means taking efforts to reduce infringement without preventing legitimate uses, stifling new innovations, or bringing unnecessary harms to consumers and the public.
 
 
STRENGTHENING FAIR USE
 
Since 2009, we've advocated at the Copyright Office for many exemptions to "Anti-Circumvention laws" so that creators can make more fair uses of copyrighted works. Right now we're working to make sure more fair uses are exempted from Anti-Circumvention laws
 
 
 
RESOURCES AND TOOLS
 
The Fair Use App
 
New Media Rights built our Fair Use App to help video creators who ask the question "Can I reuse this?" If you're a creator using other people work in your work, learn more about when you can reuse content here
 
 
 
STORIES
 
It's can be difficult to understand how critical fair use is to protecting free speech about social, political, and cultural issues without concrete examples.
 
Here are stories that show how important defending fair use is to protecting freedom of speech. Watch these films and videos from our clients to see films that rely on fair use in action.
 
Gun Violence - Brave New Films Making A Killing - Covers individual stories and data evidence to explain 5 important aspects of gun violence, including mass shootings, domestic violence, suicide, gun trafficking, and existing safety solutions.
Public Health - Painted Nails Movie - The negative health impact on workers of chemicals used in the nail salon industry, and the efforts to change the law to protect California nail industry workers.
Gender Discrimination & Inequality - GTFO - The story of gender discrimination in the video gaming community.
Racial Discrimination - Valentino's Ghost: Why We Hate Arabs - A sweeping study of 100 years of popular culture representations of Muslims.
Environmental Degradation - Company Town Film - The environmental and health impacts on one Arkansas town of a Georgia Pacific paper mill. 
 
 
Credit: Some of this post was adapted from Fair Use Week and reCreate licensed UNDER CC-BY 

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Event: Health Journalism 2018 conference in April 2018

Submitted by New Media Rights last modified Fri, 01/26/2018 - 1:00pm

New Media Rights will be speaking at the AHCJ (Association of Healthcare Journalists) annual meeting this year in a panel on Sunday, April 15 from 9 to 10:20
 
The Health Journalism 2018 conference will take place in Phoenix, AZ at the Pointe Hilton Tapatio Cliffs resort.
 
Panel details: 
 
Think Before You Sign: At one time or another we all sign contracts with worrisome clauses – we have to earn a living! We may also spend a lot of time chasing our dream publications, but what happens when you’ve finally broken in only to learn that the contract gives you the jitters? Paying attention to contracts and protecting oneself against litigation has never been more important than in today's media environment as contracts from websites to the glossies are evolving in ways that don’t benefit writers. For instance, contracts that are work-made-for-hire and also contain an indemnity clause can leave freelancers especially vulnerable. This panel will help you understand clauses in contracts that leave you legally and financially vulnerable, and will provide strategies to help you push back. Not all efforts to get a publisher to change clauses are met with success, and, in the end, you may decide it’s best to walk. This panel will provide the information you need to help decide what’s best for you.
 
Come out and join us if you're in town!
 
Photo by Aaron Burden on Unsplash

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Things you can do to be #PrivacyAware on Data Privacy Day 2018

Submitted by New Media Rights last modified Mon, 02/19/2018 - 12:47pm

safeguarding consumer data
New Media Rights has joined the National Cyber Security Alliance for the fourth year in a row in its international effort to support privacy awareness: Data Privacy Day. Each January 28th, hundreds of organizations and individuals collaborate to generate awareness about the importance of respecting privacy and safeguarding data.
 
For our part during the year, each year we respond to 500+ requests for legal services. Many of those assistance requests relate to either helping consumers deal with potential privacy violations or helping businesses/non-profits/creators understand and avoid violating user privacy in their projects.
 
Since Data Privacy Day is this Sunday, it's a time to bring focus our efforts to both prevent privacy violations before they happen as well as provide clarity and next steps to those who have suffered violations. 
 
 
Organizations can preventing privacy violations before they happen concentrating on "privacy by design" principles and working with attorneys early
 
We've found many privacy-related legal issues can be avoided if the projects responsible for the violations -- the startup companies, app developers, and nonprofits who are collecting, tracking, and publishing user data -- start with a well-thought out game plan before collecting any data.
 
That said, formulating that game plan is expensive because it requires (a) access to expert knowledge that only a few attorneys are trained to provide and (b) a large time commitment from those attorneys who have to interface with the technical developers, managers, and key-decisions makers related to the project.
 
The people who run these early-stage projects know that they *should* be concerned about their data collection, tracking, and security practices. Following the law can prevent them from incurring huge amounts of liability and million dollar lawsuits that can destroy their projects and possibly their lives. Just as importantly though, they want to make their work as consumer-friendly as possible. Data practices are quickly becoming a “make or break” issue in whether or not a user will use a service.
 
For example, in Jan 2017, the IDC found that 84% of consumers expressed concern for their personal information, and 70% reported greater concern than just a few years ago. Moreover, over 20% of internet users are using tracker blocking software or other privacy measures when using the internet. 
 
Despite their strong desire to put together the best data policies possible, 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 required to vet their privacy practices and draft their privacy policies.
 
Privacy compliance is seen as an expensive luxury compared to customer acquisition (for businesses), launch (for app developers), or collecting donations (for nonprofits). This is why these projects choose to “roll the dice” by forgoing privacy audits until it is within their budgets. For most organizations though, it will never be in their discretionary budget.
 
This is the conundrum many projects face that sets the stage for the privacy lawsuits that ruin companies and the employees who work for them. It’s this “roll of the dice” leads to the 100,000’s of frustrated consumers each year who have no other remedy but to file these lawsuits who may have suffered harms that money can’t ever make whole.
 
That's why with our free, nominal fee, and reduced fee legal services, New Media Rights has been providing an affordable alternative to projects to get the privacy compliance consultations they need. 
 
But remember... our work and provide direct legal services to prevent privacy violations before they happen is supported by individuals like you, so consider supporting us today. 
 
 
SOME OF OUR EDUCATIONAL RESOURCES
 
For the vast majority of projects and users we can't help, we've released educational resources. 
 
 
 
This page explains the law regarding secretly recording audio and video. Keep in mind that laws regarding secretly recording someone can vary from state to state. 
 
 
 
This guide deals with the use and publication of recordings. Once you have lawfully obtained a video or audio recording, how you intend to use and publish the recording can effect your legal liability.This guide addresses the question of whether or not a release wavier may be needed for certain uses of a recording you have made.
 
 
 
 
 
 

 

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New Media Rights partners with University of California on adaptation of our Fair Use App for UC staff and faculty

Submitted by New Media Rights last modified Thu, 01/18/2018 - 11:04am

We are pleased to announce a new partnership between New Media Rights and the University of California. Craig Bentley, a Managing Instructional Technologist at UC San Diego, is working with New Media Rights to adapt the Fair Use app into a system to help train UC faculty and staff system wide on copyright and fair use matters. 

“In designing educational videos for the University of California system, all of our campuses are constantly faced with questions about fair use.  The foundation of the Fair Use app developed by New Media Rights should help us deal with fair use issues much more effectively in the future," said UCSD's Bentley. 

New Media Rights is is a nonprofit program that provides fair use and copyright legal services for film and video projects. The majority of our 2500 clients over the last 10 years needed legal services that included copyright and fair use matters. We’ve used that firsthand experience to create and consistently improve our Fair Use App. The App provides filmmakers and video creators with a practical tool for learning more about copyright law. Since its debut in 2015, it has been used daily by filmmakers across the planet.

“This partnership allows us to further our mission to ensure that all creators know and utilize their rights under fair use” said Art Neill, the Executive Director of  New Media Rights. “University of California is an important public institution that does vital educational, cultural, and scientific work. We’re thrilled that our app can help its faculty and staff understand and leverage copyright and fair use to achieve their goals.”

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#CopyrightWeek 2018: Accessible Legal Services Are Part of Building A Better Copyright System

Submitted by New Media Rights last modified Tue, 01/16/2018 - 10:34am

We respond to over 500 requests for legal services every year, and over two thirds of these relate to copyright law.  Copyright law protects the work of creators, but it also controls how the culture around us can be reused and commented upon. It's our mission to make sure that copyright related legal services are available to all regardless of ability to pay. This way copyright law can be used as a tool for responsible enforcement, not trolling and bullying. This week a community of awesome organizations are offering our visions of a balanced copyright future.  

You can check out all the posts over at this website.

Each day there will be posts on a specific theme.  Since much of what we do day in and out is copyright law, we're going to link you to some of our best resources, new and old, on copyright law for the given topics.

For a general background, why not check out our Copyright law FAQ with all the most commonly asked questions about copyright law? The FAQ includes many of our 25+ Copyright FAQ Video series, which you can view in its entirety by clicking here! Or check out our basics of copryight and IP 101 series on Forbes.

Also, don't miss our new book, Don't Panic, which covers all sorts of copyright issues you may want to know about, from music and open source software licensing, to fair use, to the DMCA safe harbor provisions.

And remember... our work to keep copyright law balanced, and provide direct legal services to over 500 creators and internet users each year, is supported by individuals like you, so consider supporting us today. 

Monday, Jan. 15: Building and Defending the Public Domain

The public domain is our cultural commons and a crucial resource for innovation and access to knowledge. Copyright policy should strive to promote, and not diminish, a robust, accessible public domain.

Our links to the public domain

Tuesday, Jan. 16: You Bought It, You Own It, You Fix It

Copyright law shouldn't interfere with your freedom to truly own your stuff: to repair it, tinker with it, recycle it, use it on any device, lend it, and then give it away (or re-sell it) when you're done.

As software-enabled devices become ubiquitous, so do onerous licensing agreements and technological restrictions. If you buy something, you should be able to truly own it – meaning you can learn how it works, repair it, remove unwanted features, or tinker with it to make it work in a new way.

What New Media Rights is doing

New Media Rights has argued for your right to install the software you choose on your smartphone and tablet for nearly a decade.  In the last DMCA Anti-circumvention proceedings, we helped provide support for expanding important exemptions to install whatever software you choose on tablets.  While we achieved expanded exemptions, the section 1201 process of exempting particular circumvention is broken. We published an article in Tulane's IP & Tech Law Journal that discusses how to fix section 1201 at both the regulatory and legislative level and we made the same arguments to the Copyright Office. In the new 2017-18 proceeding the Copyright Office has adopted some of our proposed reforms, including renewing existing classes rather than requiring they be argued from scratch. At its essence, the reforms we advocate acknowledge that any fair use should simply be exempted from the anti-circumvention laws.

To that end New Media Rights has joined with EFF and OTW to request an improved exemption for the reuse of video clips that better respects fair use.


Wednesday, Jan. 17: Transparency and Representation

Whether in the form of laws, international agreements, or website terms and standards, copyright policy should be made through a participatory, democratic, and transparent process. It should not be decided through back room deals, secret international agreements, or unilateral attempts to apply national laws extraterritorially.

What New Media Rights is doing

We fought back with many others on the internet against SOPA, PIPPA, and other laws intended to extend the most restrictive of our copyright laws to other parts of the world, without important safeguards like fair use. More recently, the TPP represents another attempt to take the worst copyright policies and extend them without safeguards. We opposed fast-track authority for the TPP, and demanded TPP officials to include safeguards for users.

 


Thursday, Jan. 18: Copyright as a Tool of Censorship

Freedom of expression is fundamental to our democratic system. Copyright law should promote, not restrict or suppress free speech.

What New Media Rights is doing

  • We've defended hundreds of individuals who have faced unreasonable overreach from individuals and companies misusing copyright law.  Have you read the stories of our defenses of remix creators (here and here are examples) and Philadelphia area kids attacked for making a fair use video?  
  • In the last year, New Media Rights has seen a drastic influx of filmmakers and nonprofits seeking legal advice related to their social impact films and online videos. New Media Rights is working to ensure those making social impact films have the legal services they need to bring their stories to the public with confidence in the face of intimidation from powerful interests. We’ve helped with important social impact films that address gender and racial discrimination, environmental degradation, public health issues, gun violence, and human trafficking, to name a few.

Friday, Jan. 19: Safe Harbors

Safe harbor protections allow online intermediaries to foster public discourse and creativity. Safe harbor status should be easy for intermediaries of all sizes to attain and maintain.

What New Media Rights is doing

  • Providing legal services to over 500 individuals, nonprofits, and businesses every year on complex copyright issues every year. This includes intermediaries who want to learn how to use the safe harbors, as well as remix creators who need to assert their fair use rights in a counternotice.  We've even worked with copyright holders who have had their works infringed verbatim and monetized without their permission, and wanted to responsibly enforce their rights.
  • We have proposed extensive legislative fixes to problematic pieces of the DMCA Section 512 safe harbor. In addition to filing comments directly to the Copyright Office, we've written an article outlining our proposed reforms.

Happy Copyright Week!

Copyright Week image photo credit - EFF under a CC-BY 3.0 license

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Tyler Reddy

Submitted by New Media Rights on Fri, 01/12/2018 - 1:39pm

Staff: 

Intern

Joined NMR in: 

January 2018

Tyler is originally from the Philadelphia, Pennsylvania area and moved to San Diego, California to attend California Western School of Law. Before attending California Western School of Law, Tyler worked for the Colorado Avalanche (National Hockey League) and the Denver Nuggets (National Basketball Association) under the Kroenke Sports & Entertainment umbrella in Denver, Colorado. Tyler worked directly with both the front-office executives and the professional athletes of their respective franchises, handling player and community relations programs and events.

Tyler received his Bachelor of Arts in Sport Management and a concurrent Minor in Business Administration from Towson University in Baltimore, Maryland. During his four year at Towson University, Tyler also served as one of the captains of the Men’s Ice Hockey Team. Now during his second year of law school, Tyler is looking forward to specializing in fields such as business law, sport law, and intellectual property. He currently serves as California Western School of Law’s Student Bar Association, Alumni Representative. After law school he aspires to represent professional athletes. Outside of school and New Media Rights, Tyler enjoys exploring beautiful San Diego, traveling, and relaxing with his friends.

Catherine Ghipriel

Submitted by New Media Rights on Fri, 01/12/2018 - 1:23pm

Staff: 

Student Fellow

Joined NMR in: 

January 2018
Catherine received her Bachelor of Arts degree in Political Science/Law and Society, from the University of California, Riverside. Catherine became very interested in intellectual property law after working with an app developer, beta-testing several apps, and learning about contract law. Catherine is a second-year student at California Western School of Law. She is excited to work with all different types of entrepreneurs, artists, and app developers. Her goal is to help artists, entrepreneurs, app developers, authors and all other creators protect their unique creations so they can share their creations with others without any restrains. In her free time, Catherine enjoys spending time with her family and friends, planning her wedding, and teaching Sunday School at her local church.

Nicholas Aliquo

Submitted by New Media Rights on Tue, 01/09/2018 - 3:26pm

Staff: 

Intern

Joined NMR in: 

January 2018
Nick, originally from Boston, Massachusetts, received his Bachelor of Arts degree in Political Science and Spanish at Syracuse University in upstate New York. After finishing his undergrad, Nick moved to San Diego to attend California Western School of Law. Currently in his second year of law school, Nick hopes to learn more about business law and the entertainment industry. He is passionate about women’s rights and equality and wants to combine that passion with his interest in the entertainment field. In addition to his work and studies, Nick is also the American Bar Association student representative and secretary of Phi Alpha Delta, Law Fraternity. In his free time, Nick enjoys reading, staying active, cooking and listening to music.

Claudette Villicana

Submitted by New Media Rights on Tue, 01/09/2018 - 11:02am

Staff: 

Intern

Joined NMR in: 

January 2018
Claudette received her Bachelor of Arts degree in Criminal Justice and Political Science at California State University Fullerton. After finishing her undergrad in her hometown of Orange County, Claudette moved to San Diego to attend California Western School of Law. As a 3L, she is looking forward to graduating this Spring 2018 with a Business Law concentration. Claudette joined New Media Rights to further develop her passion for intellectual property. In addition to her work and studies, she also competes on her school’s Alternative Dispute Resolution (ADR) team and is the President of the Entertainment and Sports Law Society. In her free time, Claudette enjoys hanging out with her German Shepherd Kemper, reading, and shopping.

Brigitte Ann Castro

Submitted by New Media Rights on Mon, 01/08/2018 - 2:00pm

Staff: 

Intern

Joined NMR in: 

January 2018
Brigitte received her Bachelor of Arts degree in Global Cultures Studies and Philosophy at the University of California, Irvine. After working at a personal injury law firm in Orange County, Brigitte moved to San Diego to attend California Western School of Law. As a second-year law student, Brigitte wishes to learn more about the practice areas of both property law and intellectual property law. She is also passionate about helping those in need and has volunteered at the Center for Community Solutions, a nonprofit agency for those affected by domestic violence, sexual assault, and stalking. Brigitte is an active participant in the legal community and is President of Public Interest Law Foundation, Treasurer for Asian Pacific American Law Student Association, and Student Representative for the Filipino-American Lawyers of San Diego. In her free time, Brigitte enjoys reading, playing video games, and getting into her zen mode by listening to Queen and Lana Del Rey.

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