copyright office

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

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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.

2012 DMCA Anti-Circumvention Rulemaking: Final exemptions make progress but miss important opportunities

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Every three years the Copyright Office considers exemptions to the Digital Millenium Copyright Act’s Anti-Circumvention provisions.  These exemptions are critical to protecting otherwise legal activity by internet users and independent creators alike, but they have to be reargued every three years.   

We fought all year at the Copyright Office through comments and testimony, and we're proud to have been a part of making sure these important exemptions originally proposed by the Electronic Frontier Foundation were granted by the Copyright Office on October 26, 2012.

Check out this post to learn more about our work on these exemptions, and to read the Copyright Office's final rule.

 

New Media Rights files follow-up comments in Copyright Office inquiry into remedies for small copyright claims

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The Copyright Office has begun 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 NMR assists significantly.

In our October 19, 2012 comments, we argue any small claims system will need to address misuse of copyright law, abuse of the DMCA takedown process, and the general discrepancy in how attorney’s fees and costs are awarded to prevailing defendants.

Abuses of copyright law are rampant in the current system. Creators and internet users regularly face baseless content removals and settlement demands.  Right now, much of this misuse and abuse takes place outside of the formal court system.  A small claims system for copyright would naturally lower the bar for copyright bullies to bring formal actions against defendants. 

Many of the defendants in the new system will be these same vulnerable independent creators and internet users already facing abuse in our informal system.  When considering such a significant change to the current copyright system, the Copyright Office must ensure that the new playing field that is created allows defendants an adequate opportunity to defend themselves and pursue those who abuse and misuse copyright law.
 

Read our full comments to see our specific recommendations!

You can also read our earlier comments in this proceeding here!

Thanks to legal interns Alex Johnson and Kyle Welch for their assistance in drafting these comments.

Fighting for remix culture and against wireless shutdowns - May 2012 newsletter

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New Media Rights has been busy helping creators and internet users all Spring, and we have alot to share about what we've accomplished! We're preparing to testify in front of the Copyright Office on behalf of remix artists. We've filed comments with the FCC criticizing the BART wireless phone shutdown in San Francisco. And we've directly assisted over 100 people since the year began with their specific legal issues.  Please stay tuned for some big news regarding the future of New Media Rights that we'll be announcing in the next few weeks.

New Media Rights files comments in Copyright Office music licensing rulemaking regarding Section 115 Compulsory Licenses

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On July 16 the Copyright Office released a Notice of Proposed Rulemaking soliciting commentary on various issues concerning the treatment of digital phonorecord deliveries with relation to compulsory copyright licenses. A major piece of the discussion was the characterization of buffer reproductions of digital sound recordings under copyright law, an issue which could have a profound effect on innovation in new media. We have issued our comments to the Copyright Office and have posted them here.

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