News

Copyright Office issues final small claims rules for Copyright Claims Board, cites New Media Rights’ comments

The United States Copyright Office recently published its final rule for implementation of the procedures that are to govern the initial stages of a Copyright Claims Board (CCB) proceeding. The CCB will be a new forum where copyright small claims disputes can be heard.

It will have a significant impact on creators and technology businesses. Disputes previously too costly to bring to federal court can now be brought to the CCB, which allows claims up to $30,000 (no more than $15,000 per work). Many creators will either face disputes brought against them as respondents, or consider using the process as an enforcement mechanism. 

The final rule establishes a process for bringing claims at the CCB, and directly cites New Media Rights’ comments, written by California Western School of Law 2L Mariana Perez, Executive Director Art Neill, and Assistant Director Erika Lee, multiple times. Our comments discussed law school clinic participation, concerns regarding how respondents receive adequate awareness of the claims against them, the need to collect data on CCB proceedings and revisit and improve CCB processes, and various grammar and typographical errors in the proposed rules. READ MORE

New Media Rights Receives Grant to Support Web Monetization Innovators!

New Media Rights recently received a $20,000 grant from Grant for the Web to support Grant for the Web recipients and others on the boundaries of web monetization with legal services. This grant is a continuation of our work with web monetization innovators last year, and we are thrilled to be continuing our work with the Grant for the Web community! The grant is a partnership with Grant for the Web, a program supported by the Mozilla Foundation, Creative Commons, and Coil. Grant for the Web believes that a healthy internet needs openness and opportunity, and that it cannot be built on the backs of individuals’ security and privacy. The funds are intended to support an ecosystem that will challenge the web’s most urgent issues: loss of privacy, centralization of power, and inequalities in online participation. READ MORE

Our 2021 Accomplishments

Giving Tuesday is here! Please take a moment now and make a donation

This year New Media Rights continued to meet the challenges of the global pandemic by providing our services and law clinic online. 2021 brought challenges, but we also had victories along the way. We are glad to now be working in a new space on the California Western School of Law campus, and continuing to serve our community. 

This year we are particularly grateful for a $25,000 grant from the Conrad Prebys Foundation to support our work with creatives and creative organizations in San Diego, as well as further support via a $20,000 Grant for the Web from Mozilla and Creative Commons.

Please take a few moments to donate now to ensure that the essential legal services that we provide to hundreds of artists, creators and innovators throughout the world continue to exist. Here's what we accomplished in 2021. READ MORE

NMR supports wins for filmmakers, video creators, and consumers in the 2021 DMCA Anti-Circumvention Rulemaking

Every three years the Copyright Office meets to reconsider exemptions to the DMCA Anti-Circumvention provisions. These exemptions are critical to ensuring creators and consumers’ ability to bypass technological protection measures on copyrighted works, allowing them to make fair use of works in a variety of circumstances.  Continuing our participation every since 2009, NMR staff and California Western law students submitted worked on behalf of creators and consumers to maintain three key exemptions. These exemptions help ensure that documentary filmmakers and noncommercial video creators can access materials in fair use for their work, and that consumers can install the apps and software of their choice on their smartphones.

On October 27, 2021 the Copyright Office revealed the results of their 2021 Anti-Circumvention Rulemaking. All three of the exemptions NMR petitioned to renew have been renewed, and we are cited 8 times in the new recommendation.

 

New Resource! Advertising Law: A Plain Language Guide for Businesses and Nonprofits

We're proud to announce a new legal guide! Advertising Law: A Plain Language Guide for Businesses and Nonprofits discusses key advertising laws and regulations as they apply to a wide range of industries. Created with businesses looking to comply with federal and state advertising regulations in mind, we hope this guide can help jumpstart conversations on how a business runs ads or how a business can modify ads to better comply with advertising regulations. READ MORE

Why You Should Give to New Media Rights This Year: Our 2020 Accomplishments

 
This year New Media Rights met the challenges of the global pandemic by moving our services and law clinic online without delay. 2020 brought challenges, but we also had some victories along the way.
 
Due to the pandemic, we lost a long-standing grant that usually constitutes $40,000 of our budget. However, we did receive a $20,000 grant from the Grant for the Web, which is backed by Coil, Mozilla, and Creative Commons. 
 
So we now have some ground to make up. Please take a few moments to donate now to ensure that the essential legal services that we provide to hundreds of artists, creators and innovators throughout the world continue to exist. Here's what we accomplished in 2020. READ MORE

New Publication in the Texas IP Law Journal!

In a scholarly article, recently published in the University of Texas Intellectual Property Law Journal (Vol. 28, No. 1, p. 87-98, 2019), New Media Rights' Executive Director Art Neill and Staff Attorney Erika Lee consider some options for modernizing copyright registration. The Texas Intellectual Property law Journal is a top 15 ranked Intellectual Property Journal according to Washington & Lee's rankings. 

The article, Fixing Copyright Registration For Online Video Creators: The Case for Group Registration of Published Videos, considers the history of published group registration since the Copyright Act of 1976 and argues that future modernization efforts should include group registration of video. The article also posits that current options for registering videos are ineffective and cost-prohibitive for online video creators, and proposes opening a rulemaking with the Copyright Office to establish group registration of published videos (which is currently not permitted). READ MORE

From Here: A story about an international generation's fight to redefine what it means to belong

New Media Right is proud to have worked on FROM HERE, a documentary film by Christina Antonakos-Wallace that follows four young people who represent the future of global citizenry. Filmed over the better part of a decade in two of the world’s largest immigration countries–the U.S. and Germany–FROM HERE captures an international generation’s fight for belonging in an era of rising nationalism. 

Set in Berlin and New York, FROM HERE interweaves the stories of Tania, Miman, Sonny and Akim – artists and activists raised in the Global North to parents from the Global South. The film accompanies them as they move from their 20’s into their 30’s, facing major turning points: fighting for citizenship, creating a family, surviving violence, and finding creative expression. Beautifully shot over the course of ten years, the film captures their struggle to define belonging for themselves in societies increasingly hostile to their existence.

Event: Legal Considerations for Startups at the REC Innovation Lab

New Media Rights will be at the REC Innovation Lab at San Diego Miramar College this week! Assistant Director Erika Lee and Student Fellow Jackie Taitano-Johnson will be speaking about copyright, contracts and other legal considerations that startups should be thinking about. We'll be focusing on common areas where it can be easy to make mistakes, and talk about ways that you can prevent some of these common missteps early on. We'll also talk about moments where it's probably time to reach out to a lawyer along the way. 

This presentation is made possible with support from the City of San Diego Economic Development Department. READ MORE

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