Digital Millennium Copyright Act (DMCA)

9th Circuit reaffirms the denial of a dangerous preliminary injunction in the case of Garcia v Google

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In November, New Media Rights joined the Electronic Frontier Foundation, Public Knowledge, and others in filing an amicus brief urging the 9th Circuit to reaffirm the district court’s denial of a dangerous injunction that forced Google to take down the controversial "Innocence of Muslims" video based on a severe misapplication of law. Monday, the court did just that. This decision is particularly good news for the filmmakers whom we work with, but it comes too late for some.

May newsletter: The legal issues today’s journalists, creators, and entrepreneurs share

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The legal issues today’s Journalists, Creators, and Entrepreneurs share
In our 9 year history providing legal services on over 1400 individual matters, we’ve tracked a significant convergence in the legal needs of journalists, creators and entrepreneurs. This convergence is the result of the rise in the importance of nonprofit and independent projects and the common use of the internet as the means of distribution. As a result, a common set of core legal issues has emerged among journalists, creators, and early stage tech entrepreneurs.  Click here to check out the top 10 legal issues these groups share, and to learn about ways you can help us meet the growing demand for legal services.
Become a Organizational Supporter!
If you or your organization are already a Supporter, you know the benefits it brings, and and the tremendous impact you make.  If you aren't a Supporter already, what are you waiting for?  Check out the benefits of being a Supporter here.
 
Year Round Clinic for CWSL students!
We're proud to announce that our Internet & Media Law Clinic will now be offered year round at California Western School of Law!  The clinic provides students with experience working one-on-one with Internet & Media law clients in the field, as well as knowledge and skills regarding regulatory and policy work, scholarship, and public education and outreach. This year, clinic students will help us reach a milestone of providing services on our 1400th matter. We remain an independently funded program, so we also want to thank our individual supporters and foundations that allow us to assist clients and train students.
Applications are now open for fall, and close on June 9th!
 

 

The top 10 legal issues today’s Journalists, Creators, and Entrepreneurs share

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“For too many journalists, one lawsuit could bankrupt them or their newsroom.” -Josh Stearns, GR Dodge Foundation

In our 9 year history providing legal services on over 1400 individual matters, we’ve tracked a significant convergence in the legal needs of journalists, creators and entrepreneurs. This convergence is the result of the rise in the importance of nonprofit and independent projects and the common use of the internet as the means of distribution. As a result, a common set of core legal issues has emerged among journalists, creators, and early stage tech entrepreneurs.  We share the top 10 areas of convergence below.

Photo credit: "A Bridge to Nowhere" by Paolo Crosetto on Flickr, used via Creative Commons Attribution-ShareAlike 2.0 license

Print me a song emerging issues in 3D printing and copyright law

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The San Diego Sports and Entertainment Sports Lawyers recently invited Staff Attorney, Teri Karobonik, to give a talk on 3D printing and copyright law. Below you can find parts I and II of the video of her presentation, as well as a bonus video where Teri talks about the copyright issues surrounding the now infamous Left Shark takedown.


Also below is the Prezi for her presentation if you’d like to follow along. If you want to learn even more about the legal aspects of 3D printing you can check out our guide here.

Special thanks to Jonathan Bewley for recording the presentation!


Part 1

New Media Rights files comments at the Copyright Office supporting the right to jailbreak mobile devices and lawfully reuse video content

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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.

New Media Rights to file comments supporting key Anti-Circumvention exemptions

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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 joins Electronic Frontier Foundation in urging court to reaffirm the denial of a dangerous preliminary injunction in the case of Garcia v Google

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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.

NMR to speak on fair use & copyright law at the Alliance for Community Media Western Region Conference, October 23 in Ventura, CA

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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.

September Newsletter: Standing up for the Open Internet at the FCC!

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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!

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