Copyright

Testify! Why anti-circumvention exemptions are important for ALL filmmakers

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Filmmakers who want to reuse the culture around them for commentary and criticism need to understand fair use, but that's not the only legal issue they have to worry about. Even if their use is a fair use, the DMCA Anti-Circumvention provisions make it illegal just to bypass any encryption (also known as Digital Rights Management (DRM) or Technological Protection Measures (TPM)) that restricts access to that content. This is exactly as ridiculous as it sounds.  Simply accessing content to make a fair use can still be illegal under federal law, even when there is no copyright infringement!

Every 3 years, the Copyright Office considers exemptions to these anti-circumvention provisions.  The process is highly problematic, but right now its the only way to provide any relief from this overreaching law that's been on the books since 1998. This year we submitted comments on three important exemptions (regarding installing software of your choice on your devices, as well as your right to reuse video content under fair use).

On Wednesday May 20, we testified regarding Class 6, which is all about allowing filmmakers to bypass encryption on DVDs, Blu Ray discs, and online sources, to make use of content under fair use.   We want to thank California Western law students Emory Roane and Patrick McManus for their great work helping prepare comments and testimony in this proceeding.

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

Déjà vu: Viacom removes Jonathan McIntosh's Daily Show remix with 2nd abusive DMCA takedown notice

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Recently, remix artist Jonathan McIntosh ( a New Media Rights client and Advisory Board member) has been facing off with Viacom. Viacom sent a second abusive DMCA takedown to the same video, despite withdrawing a DMCA takedown back in 2013.  With our help, Jonathan is appealing the takedown and working to restore the video. The incident highlights the many abusive DMCA and copyright related takedowns New Media Rights has seen over the years, often from large media companies like Viacom.  Read more about the case, and how we're helping Jonathan in this post.

February Newsletter -- Getting results: FCC now considering proposal that would actually protect the Open Internet.

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In this months newsletter:

The FCC's proposal to reclassify the Internet under Title II is a big win for the Open Internet!
Recently, FCC Chairman Tom Wheeler proposed reclassifation of the internet as a Title II communications service.  If adopted February 26, the proposal would give the FCC the legal authority it needs to preserve and protect the Open Internet. Executive Director Art Neill sat down with KPBS to discuss why the Federal Communication Commission's new Open Internet rules are necessary to ensure a free and open internet




For more on the Net Neutrality debate and what it means for you, check out our latest blog post on Net Neutrality here.

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.

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