Copyright

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.

November Newsletter: Giving Tuesday--Night Owl Edition

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This Giving Tuesday, December 2, New Media Rights is running a one-day, 24-hour fundraiser where your donations will be matched dollar for dollar up to $10,000. So mark your calendar now and please pledge to give now by sending the dollar amount you want to pledge support@newmediarights.org.

Without your continued support, we can't do work like like helping local San Diego filmmaker Bill Perrine with his latest documentary film It’s Gonna Blow: San Diego's Music Underground 1986-1996.
 




Your donations help ensure we have the resources to reach a wide variety of clients to provide critical legal services, like the services we provided to Bill.
 
This year, we have a unique opportunity to double your impact to New Media Rights on Giving Tuesday. But there’s a catch. We’ll be competing will all of the other wonderful programs at California Western School of Law for that $10,000 match on a first come, first matched basis.
 
That means in order to maximize your impact we are asking
donors to give at 12:00am PST on December 2nd. As an added bonus, the first person to make a donation on Giving Tuesday at the Open Internet Defender Level or above will get a T-shirt from Bill Perrine’s latest documentary, It’s Gonna Blow.

 
Steps to help us rock Giving Tuesday:
Step 1:Pledge to give now by sending the dollar amount you want to pledge support@newmediarights.org.
Step 2 Click here to add a reminder to your calendar to give to New Media Rights on Giving Tuesday or join the facebook event!

Step 3: Don't forget to give on Giving Tuesday!

Put a mugshot on it? Things to think about before using mugshots on commercial products.

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At New Media Rights we’ve received a surprising amount of contact forms related to using mugshots on commercially sold items. Although we cover whether mugshots are in the public domain here, this blog post tailors that information a bit more specifically for people who may want to put a mug shot on something and sell it.

A word of caution upfront, putting a mugshot on any commercially sold items raises some serious legal questions. If you’re serious about starting a business like this you should consult with an attorney since this blog only raises some of the issues you may need to look out for and is NOT legal advice.
 

Copyright & Fair Use Workshop for Filmmakers and Video Creators - A Doculink sponsored event in Los Angeles Saturday November 8

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New Media Rights' Executive Director Art Neill is speaking in the Los Angeles area Saturday November 8, 2014 about Copyright, Fair Use, Music Licensing, and Creative Commons.  If you're in the LA area come on out and say hello!  The event is sponsored by Doculink and the Glendale Library, Arts and Culture Department.

Click for more details about the event!

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!

Letter to the President's Office of Science of Technology: Net Neutrality and Copyright reform are key to 21st Century innovation

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New Media Rights sent this letter to the President of the United States' Office of Science and Technology Policy in response to the White House's recent call for comments regarding updating the Strategy for American Innovation. We focus our comment on the importance of 1) protecting an open Internet through reclassification of broadband under Title II, and 2) copyright law reform for the 21st Century.

 

3D Printing and repairing products

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Some companies have already expressed concern that 3D printing will allow consumers to repair so much of the product with at-home printed pieces, that the consumer is actually replacing the whole product for free. Unfortunately, the difference between making major repairs and reproducing the product is not clear-cut.

Patent: It is easy to imagine buying a product, scanning all its individual unpatented parts, and then using a 3D printer to print out any parts needed to repair a product at home. Not only would this be convenient for the consumer, but it would also prolong the life of the product.  Keep in mind though, that what is and what isn’t patented isn’t intuitive. Some parts that you might assume are not subject to patent protection may actually be patented.

However, many useful objects do have patent protection. Under patent law, the creator has the exclusive right to reproduce a product. However, the consumer is generally allowed to make repairs to their product but they are not allowed to recreate the patented object. The questions remains, “at what point does a single major repair or cumulative repairs equate to reproducing the product?” Unfortunately, the answer for the moment is unclear.

Copyright: If the product were copyrighted, reproducing it would be a copyright violation. However, making repairs to a copy you obtained lawfully is not. Let’s say a person purchased an art piece made of various colored sugar cubes that combined to create an image of a man’s face. Individually, the sugar cubes are not copyrighted. If a dog eats some, but not all of the sugar cubes, how many could be replaced before the owner has effectively reproduced the artist’s work without permission? The answer is unfortunately unclear.

Trademark: So long as consumers are never exposed to a reproduction of a trademark, a trademark can be copied. For example, if a person broke the lid on a standard thermos that has a Starbucks logo on it. They could replace the lid and the whole logo, so long as the lid is kept strictly for personal use.

If you have any other questions regarding 3D printing and the law please don’t hesitate to contact New Media Rights via our contact form.

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