New Partnership Highlights NMR’s Work with Early-Stage Startups

“Our partnership with REC allows us to reach a new generation of technology entrepreneurs here in San Diego.”

So said Art Neill, California Western's New Media Rights' (NMR) Founder and Executive Director, as he commented on NMR's latest partnership following the first in a series of REC online Advice Days held at the end of March.

“California Western law students will see firsthand the challenges these entrepreneurs face getting their businesses off the ground,” continued Neill. “Our law students will then advise on early-stage intellectual property, privacy, and other legal issues that could become critical to the viability of these businesses.”

The San Diego Miramar College REC Innovation Lab provides resources to anyone in the region who is interested in starting or scaling a business. The REC acts as a business incubator, helping students turn ideas into scalable businesses and helping those companies to thrive and grow.

Welcoming the partnership, Tanya Hertz, the founder and head of the REC said, “The partnership between NMR and the San Diego Miramar College REC Innovation Lab has been really impactful.”

The REC provides resources to entrepreneurs from diverse backgrounds so they can follow their passion and use technology and innovative approaches to turn ideas into impactful startups. The 20 teams that make up the first REC cohort are working on projects as diverse as health apps to services that use drones to assist in agriculture.

Erika Lee, NMR’s Staff Attorney, who has been instrumental in making the REC Advice Days happen, said it could be crucial for entrepreneurs to get as much early-stage guidance as they can. “We're excited to engage with the participants of the REC program as they are cultivating their ideas and building their businesses here in San Diego,” added Lee. “We're proud to be partnering with a program that supports local innovation.”

Hertz also acknowledged that one of the significant benefits of the NMR Advice Days is informing early-stage projects about legal issues before they encounter them.

“Informing founders on legal issues like trademark infringement, ambiguous shareholder or employee contracts, and improper licensing can help them avoid fines and claims that could easily be avoided,” said Hertz. “Issues such as employee termination are potentially much more costly than hiring the right people, especially when you consider the costs of potential lawsuits, loss of productivity, and poor morale.”

Shaun Spalding, NMR's Assistant Director, is looking forward to future Advice Days and stated that the REC has been a great partner in terms of connecting them with new opportunities that they can provide to the students.

“I think this partnership highlights our educational work in the community and our interest in preventing legal issues before they happen.”

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Madison Stern

Staff: 

Legal Intern

Joined NMR in: 

May 2020

Madison “Madi” Stern is completing her last year at California Western School of Law. Madi is passionate about working with creatives and entrepreneurs. She has familial roots in design and small businesses and learned early on to appreciate the beauty and value of those who think “outside of the box” to define and create their own success. Madi is a strong believer in empowering our youth in local, underserved communities. In 2016, she initiated a Teen Science Café Network chapter at the Elementary Institute of Science in Southeast San Diego.

Madi has held numerous positions in various industries before deciding to return to school to pursue a degree in law. After working in the nonprofits sector in New York City for a few years, Madi switched gears and partook in a 3-month immersive product management program, where she gained the skill set to lead cross-functional initiatives and bring physical and digital products to life. She moved back to San Diego in 2015 and opened an apparel brick and mortar store, which became profitable within months. Unfortunately, due to a conflict stemming from a naïve decision to use a DIY legal form website instead of hiring an attorney, she lost her business. This experience taught her about the importance of legal work and ignited her desire to become an attorney. Madi wants to use her legal knowledge and background in business to help other entrepreneurs steer clear from common mistakes that are made when starting and building a business.

Madi was born and raised in San Diego. She received her Bachelor’s degree in International Business and Chinese at Whittier College in Los Angeles. Madi is an avid tennis player. Her second favorite sport is boxing. She also enjoys surfing, skiing, snowboarding, and hiking. Madi loves to travel and absorb different cultures. When she is not studying or playing sports, she is on Duolingo learning new languages. 

Dani Doern

Staff: 

Student Fellow

Joined NMR in: 

May 2020

Dani’s passion for helping others is what led her to law school. Dani is a third-year student at California Western School of Law. She is president of Student Intellectual Property Association as well as Entertainment and Sports Law Society. Dani is interested in pursuing a career in intellectual property, entertainment law, or data privacy.

As a music and art festival enthusiast, she values the creative vision and work that goes into putting together content for a project or event. Dani looks forward to assisting creators reach their goals by utilizing her legal skills and knowledge in copyright law.

Dani’s golden retriever and tabby cat are the apple of her eye. She enjoys cooking and watching videos on YouTube, Hulu or Netflix. She likes to hike, practice yoga, listen to music, and work on her urban garden. This semester, she is researching and writing a paper about the Law and Ethics of Big Data.

April 2020 Newsletter: COVID-19 Relief Programs for Small Businesses and Creative Professionals

We understand that the current health crisis has exerted financial strains on a lot of businesses and nonprofits, including right here in San Diego. In an effort to help businesses that are scrambling to keep their doors open, we have gathered a list of San Diego, state, and national resources available to small business owners.

As we move into times of economic uncertainty, making sure that people like creatives, journalists, startups, and everyday consumers who can't afford legal services have somewhere like New Media Rights to turn to as important as ever.⁠ 

All of the staff here at New Media Rights are working remotely, taking the necessary precautions, and practicing our social distancing skills for the foreseeable future. 

If you need legal assistance, our contact form is open: www.newmediarights.org/about_us/contact_us 

Here are some additional resources and news about what we’re up to.

 

Copyright Guide for Educators

If you’re a teacher or an educator and have questions about how to use copyrighted content in your virtual classrooms, check out our guide Copyright & The Classroom: Using Copyrighted Material In Classrooms and Distance Learning. There are some important exemptions under copyright law for certain performances and displays of copyrighted content in the classroom (including certain limited online learning situations), so learn your rights and exercise them!

New Publication in the Texas IP Law Journal 

Our paper, Fixing Copyright Registration For Online Video Creators: The Case for Group Registration of Published Videos, was published in the Texas Intellectual Property Law Journal! The article considers the history of published group registration since the Copyright Act of 1976 and argues that future modernization efforts should include group registration of published videos (which is currently not permitted).

California Entrepreneurship Educators Conference (CEEC)

In April, Executive Director Art Neill spoke at the CEEC on a panel about legal education for entrepreneurs, including intellectual property, privacy, contracts, and other areas that are fundamental to getting a business off the ground. The CEEC was live-streamed to more than 1,100 attendees, representing 65 countries, 28 states, and 875 universities and organizations, who connected to learn and advance the field of entrepreneurship education. 

Nevertheless Film takes a look at sexual harassment in the workplace

New Media Rights is proud to provide legal services to social impact films, including Sarah Moshman’s new documentary film, Nevertheless. Taking a look behind the headlines of #MeToo and Time’s Up, Nevertheless follows the intimate stories of 7 individuals who have experienced sexual harassment in the workplace or school context. From a writer's assistant on a top TV show to a Tech CEO and 911 dispatcher, the film shines a light on the ways in which we can shift our culture and rebuild. 

Due to COVID-19, Nevertheless is now available as an online community screening. You can learn more about the film here.  

Media and Privacy Law Day at Serra Mesa High School

In February, NMR and the Community Law Project partnered for the second time to present a media and privacy law presentation at Serra Mesa High School in San Diego. We spoke to 4 classes at Serra Mesa about some of the laws that control deceptive advertising online, and data collection laws like the Children’s Online Privacy Act. We also discussed how some artificial intelligence technologies learn from the content people post online, and the challenges this poses for the companies developing them.

Thanks to Serra Mesa High School and CLP for having us! This presentation was made possible in part by the Rose Foundation.

NMR included in SD Voyager’s Inspiring Stories

The SD Voyager recently published an article about New Media Rights! Executive Director Art Neill spoke to SD Voyager as part of their Inspiring Stories series. We are glad to be included amongst the “rising stars” of our local community!

Tech Con SoCal 

In January, NMR was at Tech Con Southern California! We gave free consultations and talked to local San Diego tech industry folks about our services. Held at the Sony North America HQ, TechCon brought together renowned industry executives, innovators, researchers, technologists and investors, who highlighted the depth and breadth of the Southern California technology ecosystem, particularly in San Diego. 

These consultations were made possible in part by the City of San Diego Economic Development Department.

Join us for #GivingTuesdayNow

#GivingTuesdayNow is a new global day of giving and unity that will take place on May 5, 2020 as an emergency response to the unprecedented need caused by COVID-19. We're already seeing unique COVID-19 related cases, and expect an increase in demand for our services as we are all relying on the internet in our daily lives more than ever. With your help, we can work to meet this growing demand.

 

We wish you and yours all the best in these challenging times, and look forward to our paths crossing soon.

Art, Shaun, Erika and the entire New Media Rights Team

 

 

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Nevertheless: shining a light on sexual harassment and how we can shift our culture

Nevertheless Trailer from Sarah Moshman on Vimeo.

New Media Rights was proud to work on Sarah Moshman's recent documentary film, Nevertheless.

Taking a look behind the headlines of #MeToo and Time’s Up, Nevertheless follows the intimate stories of 7 individuals who have experienced sexual harassment in the workplace or school context. From a writer's assistant on a top TV show to a Tech CEO and 911 dispatcher, the film shines a light on the ways in which we can shift our culture and rebuild.

Documentaries often need a variety of legal services, from hiring a crew, to copyright, fair use and licensing, to distribution agreements. New Media Rights works with a variety of documentary and fictional video creators to overcome the legal hurdles to making their productions a reality.

"I don't know what we would have done without New Media Rights during post-production of Nevertheless. Erika and her team were incredibly thoughtful and helpful when reviewing our (extremely long and complicated) clip log and assisted us in coming up with creative solutions and reviewing fair use guidelines extensively. I would recommend any filmmaker work with them!" said Sarah Moshman, director of Nevertheless.

To learn more about the film, including how you can host an online community screening, you can visit the Nevertheless website.

Thanks to recent graduate Alexandra Inman who provided legal services along with New Media Rights Staff Attorney Erika Lee.

You can learn more about our services for filmmakers here.

This testimonial does not constitute a guarantee,warranty, or prediction regarding the outcome of your legal matter.

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Event: 2020 California Entrepreneurship Educators Conference (Free online event)

Our Executive Director Art Neill will be speaking 10amThursday April 16th at the 2020 California Entrepreneurship Educators Conference.  The conference is now completely virtual, and you can sign up to attend for free here

Art's panel will be talking about legal education for entrepreneurs, including intellectual property, privacy, contracts, and other areas that are fundamental to getting a business off the ground.

The two-day conference, free of charge, will include interviews and panel discussions featuring an international lineup of keynote speakers.

With the help of their partner, the International Council for Small Business (ICSB), the interviews and panels will be live-streamed via Zoom on April 16th and 17th, with registrants free to come and go as they please. Each day will close with a virtual social gathering!

Here's the link for the event, did we mention it's free? Hope to see you there!

https://lavincenter.sdsu.edu/programs/entrepreneurship-conference-2020

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Coronavirus (COVID-19) Financial Assistance Programs

Here's a list of local San Diego, as well as state and national resources and relief programs for small businesses in response to Coronavirus (COVID-19). As a non-profit organization, New Media Rights understands that the current crisis has exerted financial strains on a lot of businesses, including San Diego’s own small business community. In an effort to help businesses that are scrambling to keep their doors open, we have gathered a list of San Diego, state, and national resources available to small business owners.

Where possible, the resources provided below are accompanied with a description of the resource, eligibility requirements, and a direct link to the resource. 

IMPORTANT: Some of these programs may change their deadlines or no longer be available. If you are considering any of the programs below, please visit their respective websites to confirm application information, deadlines and requirements. 

 

San Diego

City of San Diego has a Small Business Relief Fund

https://www.sandiego.gov/economic-development/resources/relief  

What is it?

To help businesses be resilient amid the economic challenges of the COVID-19 global pandemic, the City of San Diego has established a Small Business Relief Fund to provide grants, loans and other resources to businesses located in the City of San Diego and the City of Chula Vista. This fund is designed to provide economic relief and support job retention. 

The application deadline for the Small Business Relief Fund is now closed, but you can check out the City of San Diego’s Business Relief and Support page for other local resources

Local San Diego information about Federal SBA low interest loan options

 

California 

Small Business Disaster Relief Guarantee Program

What Is It?

The Small Business Finance Center (SBFC) partners with Financial Development Corporations to provide loan guarantees and direct loans for small businesses that experience capital access barriers.

Who Can Apply?

Small businesses in CA that do not qualify for the Federal SBA disaster loan program may apply for a loan guarantee from a participating lender to increase access to capital.

Application Deadline

N/A

Who is Eligible?

  1. Businesses with 1 to 750 employees that have been negatively impacted or experienced disruption by COVID-19.
  2. Eligible Nonprofits 

What are the Guarantee Terms?

  1. Guaranteed up to 7 years
  2. Guarantees up to 95% of the loan
  3. Loan interest rates negotiated between lender and borrower
  4. Qualifications based on lender criteria

How to Use the Loan Proceeds? 

The funds are meant to help small businesses through this challenging time. Loan proceeds can be used for business continuance or to cure “economic injury” as a result of the COVID-19 pandemic.

How to Apply

Qualifying small business owners may apply directly with a participating lender.

For more information, visit:

https://www.ibank.ca.gov/small-business-finance-center/

 

OnWard CA

What is it? 

OnwardCA is an initiative of companies, foundations, and humans to get California workers displaced by COVID-19 essential life services and back to work as quickly as possible.

How does it work?

  • Step 1: Connects you with essential life services including money, shelter, and food.
  • Step 2: Connects you to retraining opportunities so you can learn new skills.
  • Step 3: Connects you to your next job.

Who is eligible?

Anyone who has lost their job.

Application Deadline

N/A

How to apply?

Visit: https://onwardca.org/

 

Small Business Relief Payment Plan

What is it?

Effective April 2, 2020, small business taxpayers, those with less than $5 million in taxable annual sales, can take advantage of a 12-month, interest-free, payment plan for up to $50,000 of sales and use tax liability.

Who Can Apply?

Small business taxpayers with less than $5 million in taxable annual sales.

Application Deadline:

N/A

Terms

At this point, the program is only available for sales and use tax liabilities.

For more information, visit:

https://www.cdtfa.chttps://www.cdtfa.ca.gov/services/covid19.htm#payment-plan-faq

https://www.cdtfa.ca.gov/news/20-07.htm

 

California Capital Access Program (“CalCap”)

What is it?

CalCAP is a loan loss reserve program which may provide up to 100% coverage on losses as a result of certain loan defaults. Individual borrowers are limited to a maximum of $2.5 million enrolled over a 3-year period. Contact a Participating Lender to enroll.

Who can apply?

Meet the following requirements:

(1) The business is classified as a small business under U.S. Small Business Administration guidelines.  

(2) Employs fewer than 500 full-time equivalent employees.  

(3) The business purpose is one of the industries listed in the North American Industry Classification System (NAICS) codes list.  

(4) The primary business and at least 51% of the employees or its income, sales or payroll comes from business in California.  Business activity resulting from the bank’s loan must be created and retained in California.

Application Deadline

N/A

How to apply?

For participating lenders and more information, visit: https://www.treasurer.ca.gov/cpcfa/calcap/sb/brochure.pdf


Employment Development Program

What is It?

Employers statewide directly affected by the new coronavirus (COVID-19) may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC).

Who Can Apply?

Employers in California who are directly affected by the new coronavirus (COVID-19). 

Application Deadline

N/A

How to Apply?

A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

For more information, visit:

https://www.edd.ca.gov/payroll_taxes/emergency_and_disaster_assistance_foremployers.htm

 

Emergency Funds for Freelancers, Creatives

What is it?

KQED put together an updating list of funds available to creative professionals of all disciplines, including performing artists for film and television, musicians and nightlife workers, visual artists, writers and authors.

For more information, you can check out KQED’s list here: https://www.kqed.org/arts/13876893/emergency-funds-for-freelancers-creatives-losing-income-during-coronavirus

 

National Resources

 

Other Small Business Relief Programs across the United States

The Community and Economic Development Clinic at American Univeristy Washington College of Law has created a comprehensive list of COVID-19 Small Business Relief Programs. The list is organized by Federal, State, City, and Private Sector Resources. https://docs.google.com/spreadsheets/d/1dYmxxzY9gBokLM9D3GoybL9Q17tla7gQcRcnoNY5Al4/edit?usp=sharing

List of various state programs

SBA 

https://www.sba.gov/disaster-assistance/coronavirus-covid-19

The Entrepreneur’s COVID-19 Playbook.

A free 40-page guide to stimulus money, tax breaks and legal tips to survive and thrive during the pandemic: https://westaway.co/wp-content/uploads/2020/04/2020-04-03-Westaway-The-Entrepreneurs-COVID-19-Playbook.pdf

 

Paycheck Protection Program (PPP)

What is it?

This $349 billion package expands the Small Business Administration’s (SBA) existing Section 7(a) loan program to provide loans 100% guaranteed by the federal government of up to $10 million, along with loan forgiveness for proceeds used for certain payroll and fixed costs.

PPP is intended to prioritize companies in underserved and rural markets, including veterans, small businesses owned by socially and economically disadvantaged individuals, women, and businesses that have been in operation for less than two years.

Application Deadline: The program is open until June 30, 2020.

Who Can Apply?

  1. Small businesses
  2. Non-profit organizations
  3. Sole proprietors
  4. Independent contractors
  5. Self-employed individuals

Who is Eligible?

Must be:

  1. Qualified as a small business under current SBA regulations for North American Industry Classification System codes (including independent contractors, sole proprietors and nonprofits); 
  2. Employs up to 500 employees; OR
  3. Operates in the hotel or food services industries and employs not more 500 employees per physical location requiring assistance; 
  4. Were in operation on February 15, 2020; AND
  5. Had salaried employees or paid independent contractors as of February 15, 2020.

What are the Terms?

  1. The maximum amount you can borrow is the lesser of: 
  2. Two months of your average payroll expense (capped at $100,000 per year per employee) plus 25%, OR $10,000,000.

Loan Forgiveness:

This loan can be forgiven as long as you spend the money on payroll costs, mortgage interest, rent, and utilities payments over the 8 weeks after getting the loan. If you spend the money on anything other than the above mentioned expenses, then the loan will not be forgiven

How to Apply?

For information on how to apply, visit: 

https://www.sba.gov/funding-programs/loans/coronavirus-relief-options/paycheck-protection-program-ppp


Economic Injury Disaster Loan (EIDL)

What is it?

If you are eligible under PPP, you’re likely eligible for EIDL. In addition, the CARES Act expands eligibility to sole proprietorships, independent contractors, cooperatives under 500 employees, Employee Stock Ownership Plans under 500 employees and tribal small business concerns under 500 employees.

EIDL loans can go up to $2 million and are designed to provide vital economic support to small business deals with a temporary loss of revenue. 

Who Can Apply

Small business owners in all U.S. states, Washington D.C., and territories are eligible to apply for an EIDL advance of up to $10,000. 

Application Deadline: The Small Business Advisory is no longer able to accept new applications for EIDL COVID-19 related program, based on available appropriations funding. The SBA is continuing to process applications that were already in the queue before the funding was depleted.

How to Apply:

For information on the EIDL, visit:

https://www.sba.gov/page/disaster-loan-applications


Verizon Small Business Recovery Fund

What is it?

Verizon is offering grants up to $10,000 to help small businesses fill urgent financial gaps until they can resume normal operations or until other more permanent financing becomes available. 

Who can apply?

Businesses facing immediate financial pressure because of COVID-19—especially entrepreneurs of color, women-owned businesses and other enterprises in historically underserved communities who don’t have access to flexible, affordable capital.

Application Deadline: April 28th, 2020

Terms

Grants can be used for:

  1. Paying rent and utilities
  2. Meeting payroll
  3. Paying outstanding debt to vendors
  4. Other immediate operational costs

How to apply?

While Round 1 is closed, you can register for the next round of grants at: https://www.lisc.org/covid-19/verizon-small-business-recovery-fund/

Application


Facebook Small Business Grants

What is it?

Facebook is offering cash grants and ad credits to qualifying small businesses worldwide. Limited counties in CA available (San Diego unavailable, but other major cities are listed).

Who can apply?

  1. Must have between 2-50 employees, 
  2. Have been in business over a year, 
  3. Experienced COVID-19 challenges, and
  4. Be in or near where Facebook operates.

How to apply?

Visit: https://www.facebook.com/business/boost/grant

 
 
 
 
 

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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). 

Group registration is an administrative procedure established by the Copyright Office that allows content creators to register a group of related works in certain limited categories with one application and one filing fee.

In addition to addressing key problems with the current prohibition on group registration of published videos, the article also suggests that similarities can be drawn between the way creators currently make videos and the way works presently acceptable for group registration post-publication were created. These similarities suggest that the same reasoning that allowed group registration for these other works should sufficiently apply to group registration of videos post-publication.

“One of New Media Rights' core values is that our scholarship, public education, and policy advocacy be deeply rooted in our client representation,” says Neill. “The stories of under-served creators and internet users help scholars and regulators learn how the law works in real life and then make changes to serve the public better. Our scholarship here is based on the real challenges that under-served clients face when trying to register and protect their copyrighted works. It offers solutions as to what can be done to improve the system.”

In the article, Part I (A) explores how current video registration options are ineffective and cost-prohibitive for online video creators because there is no group registration option for published videos. Because of the quantity and time-sensitivity of much of this video content, individual registration is expensive and time-consuming, making it impossible to post registered content within appropriate time frames.

Part I (B) analyzes the current list of acceptable works for post-publication group registration. It then compares online video to those works to show that online video production and consumption follow the same trajectory as other works now able to be registered as a group post-publication.

Part I (C) argues that the Copyright Office should open a rulemaking process to establish group registration of published videos and further proposes ideas on how to eliminate unnecessary challenges for online video creators.

“As video production and distribution continue to evolve, it's important that our regulations have the capacity to adapt as well so that the creative marketplace (and creativity in general) can continue to flourish,” says Lee.

“Most importantly, we hope that this article will encourage the improvement of the registration system to help level the playing field for all copyright owners.”

 

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Media and Data Privacy Law at Serra High School

New Media Rights recently teamed up with California Western's Community Law Project (CLP) to present another media and privacy law presentation, this time at Serra High School!

Assistant Director Shaun Spalding and Staff Attorney Erika Lee talked to four classes at Serra about some of the laws that control deceptive advertising online, data collection laws like the Children's Online Privacy Act, and how social media sites comply with these important laws. We also got to talk about how some artificial intelligence technologies learn from the content that people post online. 

The discussions focused on how to avoid falling victim to and finding remedies for fraud on social media services, as well as how your data is being used and how privacy laws are available to help you control how much or little access users want others to have to their data.  

New Media Rights works with a variety of different local organizations that make a social impact on the local community. One of these organizations is the Community Law Project, one our sister clinics at California Western. CLP is is a law student-run project which provides pro bono legal services to low income people in the greater San Diego community. CLP assists individuals who are homeless, disabled, immigrants, or otherwise without access to legal services, and provides law students with experiential learning and an awareness of the community’s legal needs, and instilling in them a desire to pursue pro bono work during their careers.
 

Thanks to Serra High School and CLP for having us!

This presentation was made possible in part by the Rose Foundation.

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