Policy/Legal

New Media Rights develops public interest principles to improve the efficiency of the DMCA notice and takedown system

Description: 

In November of 2013, New Media Rights responded to the Department of Commerce’s inquiry regarding the formation of a multistakeholder process to create a set of best practices for the DMCA notice and takedown process. That multistakeholder process has begun and New Media Rights wants to ensure that the voices of independent creators, small user generated content sites, internet users and remixers are represented.

As a first step, New Media Rights joined with a coalition of public interest groups, including the Electronic Frontier Foundation, The Center for Democracy and Technology, Public Knowledge and The American Library Association, to submit a set of principles for improving the efficiency of the notice and takedown system. These principals will not only make the process more efficient for all stakeholders but also make sure that creativity and free speech are not unnecessarily chilled. 

New Media Rights joins Electronic Frontier Foundation in urging reconsideration of dangerous Garcia v Google copyright ruling

Description: 

New Media Rights has joined the Electronic Frontier Foundation, Public Knowledge, and others in filing an Amicus Brief urging a federal appeals court to reconsider it's decision to order Google to take down the controversial "Innocence of Muslims" video in Garcia v Google.

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 decision, if not reconsidered, will have negative consequences for free speech that will directly affect the creators and innovators we assist.

As it stands, the court's decision threatens to create sprawling, poorly defined copyright protection in a variety of creative contributors, altering the way that copyright law protects contributions to film and video productions.

New Media Rights helps shape FCC Consumer Advisory Committee recommendation on improving broadband access in U.S. schools and libraries

Description: 

On Friday, March 28, the FCC’s Consumer Advisory Committee approved an important recommendation to modernize and improve the way we bring high-speed broadband to classrooms and libraries around the county.  New Media Rights Executive Director Art Neill, and Legal Interns Marko Radisavljevic and Kyle Welch were directly involved in the research, drafting, and proposal of this recommendation.

New Media Rights’ Executive Director Art Neill is a member of the CAC, and co-chair of the Broadband Working Group. 

New Media Rights conducted an extensive review of the FCC’s E-rate program, including analyzing a vast amount of input on the program from a variety of stakeholders. Based on this research, New Media Rights’ staff and interns helped lead the efforts to draft a recommendation encouraging the FCC to modernize and improve the 18 year old E-rate program for the 21st century.  The recommendations include both general priorities as well as specific process priorities that will improve the E-rate program. 

New Media Rights joins Knowledge Ecology International and others in cautioning against mandatory expanded copyright terms in the TPP

Description: 

This week Trans-Pacific Partnership (TPP) negotiators will be asked to endorse a binding obligation granting copyright protection for 70 years after the death of an author.  New Media Rights joins Knowledge Ecology International, 26 other groups, and countless individuals from all over the world to tell TPP negotiators that adopting this term would be a mistake. As stated in the letter:

There is no benefit to society of extending copyright beyond the 50 years mandated by the WTO. While some TPP countries, like the United States, Mexico, Peru, Chile, Singapore or Australia, already have life + 70 (or longer) copyright terms, there is growing recognition that such terms were a mistake, and should be shortened, or modified by requiring formalities for the extended periods.

 

The primary harm from the life + 70 copyright term is the loss of access to countless books, newspapers, pamphlets, photographs, films, sound recordings and other works that are “owned” but largely not commercialized, forgotten, and lost. The extended terms are also costly to consumers and performers, while benefiting persons and corporate owners that had nothing to do with the creation of the work.

New Media Rights joins public interest coalition opposing fast-track authority for the Trans-Pacific Partnership

Description: 

Yesterday New Media Rights joined a broad coalition of 14 public interest groups asking lawmakers not to grant "fast-track" authority for trade agreements, including the Trans-Pacific Partnership (TPP). The TPP is a complex multi-national agreement that could rewrite international rules of copyright enforcement. If fast-track authority was granted Congress would not review the TTP at all, leaving no room for amendments, review or accountability for a treaty that was negotiated in near-total secrecy. As stated in the letter:

The American public has a right to know the contents of the international agreements its government is crafting. Corporations cannot be the only interests represented in this agreement, since they do not advocate for policies that safeguard or even represent the interests of the public at large. Given the administration's complete lack of transparency in negotiating the TPP, it is vitally important that democratically elected representatives are at least given the opportunity to conduct a review and push for fixes.

Right now the public has no way of knowing what the text of the TPP even says. The only reason we even have any idea what some of the agreement may end up saying is due to a leak of the "Intellectual Property" chapter in February of 2011. That leak contained some pretty scary stuff, including formalizing the U.S. ban on circumventing Digital Rights Management (DRM) software worldwide. The affect of exporting enforcement measures to parts of the world that don't have safety valves like fair use could be disastrous for remix creators.

New Media Rights features prominently in Copyright Office Small Claims recommendations

Description: 

Today the Copyright Office released its formal report regarding the challenges of copyright litigation in Federal Court and recommended establishing a small claims court for copyright law. New Media Rights has been heavily involved in these proceedings and the report makes that obvious. New Media Rights is quoted six times and New Media Rights Executive Director is directly quoted by the Copyright Office twice.

New Media Rights saw early on that a new small claims court would have a dramatic impact on independent creators, internet users, and entrepreneurs. We've shared our expertise with the Copyright Office in order to ensure that any new system respects fair use and provides a fair and just system for resolution of copyright disputes, not simply a new venue for content bullying.

Why California’s new online privacy bill will cause more problems than it solves

Description: 

For picture: Jenga Attribution Some rights reserved by lucidtech

Teenager posts a stupid/reckless/illegal/vulgar thing online, chaos ensues. It’s become a staple of court dockets and headlines across the country. It’s hardly surprising that lawmakers have picked up on this problem and set out to solve it.  The latest attempt that has just become law is California’s Senate Bill No. 568. Best case scenario the bill merely fails to protect teenagers and worst case scenario it’s an entirely unenforceable waste of taxpayer money.

Is Youtube refusing to honor DMCA counter-notices?

Description: 

Unfortunately, New Media Rights has seen evidence in recent months that suggests that some large media companies have been able to override legitimate appeals and disputes by users regarding content takedowns.  Today's guest blog from Patrick McKay of the Fair Use and Youtube watchdog FairUseTube.org, explains the problem in more depth.

We're monitoring the issue closely and trying to gather additional information to help address this issue, so feel free to contact us with additional information you may have regarding DMCA counternotices that fail restore disputed content on Youtube.

 

Geek v Troll: New Media Rights stands up for the underdogs of the Internet

Description: 

San Diego CityBeat, San Diego's alternative newsweekly, published a great cover story this past week about our work at New Media Rights.

It also has an amazing Street-Fighteresque illustration of a Geek punching a copyright troll. Check it out!

Read the whole story here!

New Media Rights invited to participate in Copyright Office panels considering potential small claims system for copyright law

Description: 

In 2012, the U.S. Copyright Office began a process of considering creating a small claims court or system for small-scale copyright disputes.  This would affect the internet users and independent creators New Media Rights assists significantly.

New Media Rights has been invited by the Copyright Office to participate in hearings taking place November 26 & 27 in Los Angeles on the topic.

Executive Director Art Neill will be participating in panels discussing potential remedies and appeals, constitutional issues, and benchmarks for success of such a system.

Pages