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New Media Rights answers questions from the public and takes media inquiries regarding the law and technology.  Please contact us if you have a question and we'll be glad to assist you. Our free legal and how-to resources, as well as our free public media studio and equipment, are supported by donations by individuals like you, so please consider donating today! Contact us for legal assistance at (619) 591-8870.

Digital Millennium Copyright Act (DMCA)

Learn how blogs & websites are protected from liability for third party content - August Newsletter

Submitted by New Media Rights on Tue, 08/31/2010 - 17:53

Our August newsletter offers up a wide variety of new resources including guides on CDA 230, net neutrality closed door discussions and more on Drumbeat San Diego. If you would like to receive newsletters sign up on the site here.

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Copyright Office decision supports cell phone jailbreaking, encourages educators and remixers

Submitted by Shaun Spalding on Thu, 07/29/2010 - 14:14

Regardless of how one feels about the Digital Millenium Copyrighti Act (DMCAi) as a whole, it’s clear that the Copyright Office's recent rulemaking process has appropriately further limited the DMCA's anti-circumvention provision. In February 2009, New Media Rights submitted comments in support of these changes that have now been enacted.

The Office's ruling attempted to clarify the DMCA's prohibition on “circumventing” digital rights management (DRMi) and “other technical protection measures” -- a prohibition that, up until now, has given Apple the theoretical right to intimidate iPhonei users with “jailbroken” phones with legal action. The Office ruled that this jailbreaking does not constitute violation of the DMCA. Although Apple has never prosecuted any iPhone jailbreaker under the DMCA, Apple did strongly object to any exemption to the anti-circumvention rule. This has led many general interest news sources to label these recent exemptions as a victory specific to iPhone jailbreakers which isn’t true.  The victory is a broader one, for cell phone users, video remix artists, documentarians, and educators, among others.

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YouTube's victory over Viacom reinforces DMCA safe harbor protections for websites

Submitted by Sarah on Fri, 07/02/2010 - 12:34

On June 23, Viacom's claim for $1 billion in damages was shot down when the District Court for the Southern District of New York found YouTube and its owner Googlei not liable for copyright infringement in a much-anticipated decision. The two corporate giants have been at it since 2007, when Viacom joined with other plaintiffs including Paramount Pictures and sued YouTube, claiming that the online video service was legally responsible for copyright infringement when users posted clips of copyrighted material, including The Daily Show and The Colbert Report, owned by plaintiffs.

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New Media Rights files comments in FCC Future of Media proceeding

Submitted by New Media Rights on Mon, 05/10/2010 - 12:13

San Diego, California - On Friday May 7th, 2010 New Media Rights submitted comments in the FCCi's Future of Media proceeding. 

New Media Rights' comments to the Commission draw directly on our experience providing one-to-one pro bono legal assistance as well as a free public media studio to creators of all types.  Our work has given us the opportunity to engage with a wide variety of media makers, advocates and citizens.  These comments are also intended to supplement a conversation held between New Media Rights, Free Press, Main Street Project, People's Production House, The Transmission Project and Mountain Area Information Network with the FCC's Steve Waldman on Thursday May 6th, 2010.

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Lenz court interprets and limits damages available under DMCA 512(f) for wrongfully issued takedown notices

Submitted by Meghan Bohn on Mon, 03/15/2010 - 10:07

The newest Lenz decision interprets damages available for bogus takedown notices under 17 U.S.C. 512(f), but its practical effect will be to limit the amount plaintiffs can recover.

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Public Interest Internet, Intellectual Property, and Media Law Internships

Submitted by New Media Rights on Fri, 02/05/2010 - 13:00

Interested in being an intern? Check out our requirements and apply !

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Legal and How-to Guides for Citizen Media Creators and Online Publishing

Webtreats Glowing Neon Social Medi Icons by Flikr user webtreats used under Creative Commons Attribution 2.0 license

New Media Rights Guides are available to browse, read and learn from. They are organized by category and title.

New Media Rights Guides are available to browse, read and learn from. They are organized by category and title.

Webtreats Glowing Neon Social Media Icons by Flickr user webtreats used under Creative Commons Attribution 2.0 license

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Best Practices for Creative Commons attributions - how to attribute works you reuse under a Creative Commons license

Submitted by New Media Rights on Fri, 12/11/2009 - 13:49

Find out how to site or source creative commons work. Creative commons work allows you to share, remix and reuse legally, just make sure to check out what license it is under.

“creative commons” by Flikr user libraryman used under Creative Commons Attribution 2.0 license

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art neill's picture

How service providers deny users the right to counternotify for content removed by DMCA takedown notices

Submitted by art neill on Tue, 12/01/2009 - 18:44

DMCA pic

New Media Rights recently heard from a blogger who received notification that a takedown notice was sent to their service provider, a website that hosts individuals blogs, and that the user’s content was removed.  However, the blogging service didn't

1) Identify the individual who requested the information be taken down OR

2) Specifically identify the infringing material

What's the problem?  This essentially destroys a users right to counternotify, allowing overreaching large content companies to control and remove Internet speech at will. 

Learn about the problem here, and learn how to fight back if you have content removed by a DMCA takedown notice.

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New Media Guides Legal and How-to guides

Welcome to our Legal and How-to resource center.  We hope these guides will help you, the user/creator,  to learn about

  • Rights and laws on the Internet
  • How to use new technologies and social media in your own life
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