New Media Rights has filed comments with the Copyright Office supporting four specific exemptions to the Digital Millennium Copyright Act’s anti-circumvention provisions that will protect both internet users and creators' rights under fair use. Exemptions are argued every 3 years, and ensure that accessing copyrighted material for purposes of fair use don't needlessly violate federal law.
Similar to our 2009 and 2012 comments to the Copyright Office, these comments offer direct evidence supporting the right of internet users and video creators to circumvent technological protection measures to a) allow individuals to take control of the apps and services they use on their mobile devices, and b) allow creators, internet users, and filmmakers to reuse video content for fair use purposes. Thanks to our legal intern California Western School of Law 2L Pat McManus for his assistance in preparing these comments.
We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of the law, and addressing what's at stake, and what we need to do to make sure that copyright promotes creativity and innovation. Today's theme is "Owners Rights" and the upcoming Copyright Anti-Circumvention Exemption Proceeding.
Comments to the Copyright Anti-Circumvention Exemption Proceeding are due February 6, 2015. As in past years (2012, 2009), New Media Rights will be offering direct evidence of the creators and consumers we work with who rely on these exemptions. Here's a brief preview of our comment.
New Media Rights has joined the Electronic Frontier Foundation, Public Knowledge, and others in filing an Amicus Brief urging the court to reaffirm the district court’s denial of a dangerous and over reaching injunction that forced Google to take down the controversial "Innocence of Muslims" video while a copyright lawsuit is pending.
Most of our work at New Media Rights is preventative and transactional, focused on helping people avoid legal problems and lengthy court battles before they begin. In this case, however, we've joined in filing this Amicus Brief because the recent Garcia v Google decision, if not reconsidered, will have negative consequences for free speech that will directly affect the creators and innovators we assist.
New Media Rights Staff Attorney Teri Karobonik will be speaking on a panel at the Alliance for Community Media Western Region Conference on October 23, 2014 in Ventura, CA
The topic of the panel will be "Intellectual Property, Copyrights, and Fair Use in Media"
Technology has made it increasingly challenging to navigate the world of intellectual property, particularly in media and arts. This panel will address common questions journalists and creators face such as:
What kind of rights do you need to secure?
What is Fair Use and can anyone explain whether it applies?
How do you navigate the legal issues inside of platforms like YouTube?
Where can rights be obtain if needed?
What are a producer’s liabilities?
Can local bands play cover tunes?
Can you fight a take-down notice?
How much trouble can our organization be in?
The panel will be an opportunity to give positive support to journalists and artists, showing them the ways the law can actually empower their creativity, how to avoid legal disputes in the first place, and how to move forward if you do face legal threats.
We want to thank all of our supporters who made our #Oneof1000 celebration a success this summer. It was nice to celebrate all we’ve accomplished as a community in person and online, and we hope to enjoy your company for some delicious tacos again soon!
Despite taking a moment to celebrate with clients and supporters like the San Diego based nonprofit Green Neuroscience Lab (pictured above left with their newest scientist!), our team has been standing up for the Open Internet at the FCC; writing to the President about the importance of copyright reform and an Open Internet to 21st Century innovation; appearing on This Week in Law; releasing new educational guides (here, here, and here); delivering educational workshops, and answering your legal questions. Here’s are the highlights of what we’ve been up to!
New Media Rights sent this letter to the President of the United States' Office of Science and Technology Policy in response to the White House's recent call for comments regarding updating the Strategy for American Innovation. We focus our comment on the importance of 1) protecting an open Internet through reclassification of broadband under Title II, and 2) copyright law reform for the 21st Century.
Ever wondered how copyright and other laws affect the work that archivists do? Here at NMR we’ve helped our fair share of archivists; so we were happy to participate in Doing Archives first Hang out On Air at New England Archivists Spring 2014 meeting. We joined Christopher Felker, creator of Doing Archives as well as Henrik Mondrup from Aalborg University Copenhagen and Heather Nodler a law student at Georgetown and former archivist for an informative discussion on the current state of archives and the law. Missed the live hangout? No worries, you can find a recording of the entire thing above.
Also if you an archivist, academic or scholar; New Media Rights is here to help with your legal questions. For more information, check out our “Services We Provide Page” we made especially for you!
Starting around June of 2012, the number of URL removal requests that were sent into Google started to go up dramatically. URL removal requests increased from about 173 thousand per week at the beginning of the year, to 1.5 Million requests per week by August 2012. By November, Google received about 6 million requests per week to remove allegedly infringing urls from search. That’s about 34.7 times the number of request Google received in January. All of this happened during a time where Google has been actively tweaking its piracy algorithms to identify more infringing links than ever. So what gives? We’re not entirely sure. However, it seems highly unlikely that this massive increase in takedown requests has any relationship to a corresponding increase in the actual amount of piracy on the web.
On July 31, 2013 The United States Department of Commerce, United States Patent and Trademark Office and National Telecommunications and Information Administration released a Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy. On September 30, 2013 they released a request for comments on that paper. All three offices were particularly interested in how copyright law could be reformed to better promote the growing digital economy. The request for comments was incredibly broad and ranged from questions about the first sale doctrine as it relates to digital goods to the role of fair use in remix culture.
In our November 13, 2013 comment New Media Rights sought to address three of the most critical issues that affect the remixers, entrepreneurs, creators and internet users we work with every day. First, our comments addressed five key copyright law problems that need to be solved to help remix creators spend their time creating rather than fighting legal disputes including the current failure of 17 USC §512(f) to protect creators from content bullying. Second, we discourage the widespread implementation of intermediary licensing modeled off YouTube’s Content ID system because it is not, in fact, an intermediary licensing system. We also explain the implementation of such a system could be incredibly detrimental to users’ rights largely due to the lack of an effective appeals process and various design challenges in the system. Finally, we address the Department of Commerce’s question regarding how best to go about fashioning a multistakeholder process that would create a working set of best practices for the DMCA. We hope that our comments in these three areas will spark discussion and encourage badly needed copyright reform for the digital age.