September 2019 Newsletter: New Media Rights Receives $40,000 Grant from the City of San Diego!

Here's what we've been up to lately:

Welcome to Our Fall 2019 Team! Media and Privacy law at Hoover High

This fall we welcomed our new team, including 5 returning Student Fellows. Over 100 students have worked with us over the years serving internet users, artists, and small businesses. To our team both current and past, thank you!

NMR Receives $40,000 Grant from the City of San Diego  

We’ve received a $40,000 grant from the City of San Diego Economic Development Department to support our work with local San Diego small businesses. Last year we received $20,000, so we are excited to share that this year’s funding will increase our ability to provide services to more local businesses! Thank you to the City of San Diego for their continued support, we've been a proud partner for 8 years now!

New Guide: Copyright and the Classroom

We have a new guide available that addresses copyright use while teaching in the classroom. Copyright and the Classroom: Using Copyrighted Material in Classrooms and Distance Learning walks through some important exemptions under copyright law for certain performances and displays of copyrighted works in the classroom (and certain limited online learning situations) that would otherwise be considered infringement. 

CLP and NMR Team Up to Talk to Local High School Students about Privacy and Social Media

In April, NMR and the CWSL Community Law Project partnered to present a media and privacy law presentation at Hoover High School in San Diego. We spoke to 3 freshman classes 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. 

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

NMR participates in KPBS workshops for local San Diego filmmakers and podcasters

In August, we visited KPBS for the Explore Local Content Program Orientation to talk about legal issues that occur throughout all stages of film and podcast production, music licensing, copyright and fair use. The KPBS Explore Local Content Project is a collaboration with local producers to create and expand on local content that connects audiences with shared experiences, and reflects the diverse community in San Diego. This workshop was supported in part by the City of San Diego Economic Development Department.

Upcoming Publication in the University of Texas Intellectual Property Law Journal

Our paper, Copyright Registration Modernization: Group Registration of Videos, has been accepted for publication in the University of Texas Fall 2019 Intellectual Property Law Journal. The paper explores how current video registration options 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).

We Joined the Free Expression Legal Network!

We are thrilled to announce that we joined the Free Expression Legal Network! The Free Expression Legal Network is a nationwide coalition of law school clinics, academics, and practitioners focused on promoting and protecting free speech, free press, and the free flow of information to an informed and engaged citizenry. At its launch, FELN includes 22 law school clinics that provide students hands-on experience representing journalists and documentary filmmakers, among others. We are proud to be counted among them!

Supporting journalists and nonprofit news organizations has always been an important part of our work. Journalists face many of the same intellectual property, privacy, and media law issues that challenge other creatives and entrepreneurs. We look forward to being a supportive member of the network and utilizing its resources to better serve our clients.

Learn more about our work with FELN here.

  

Staff Attorney Erika Lee (left) and Student Fellow Alexandra Inman (right) at KPBS

Top right: Media and Data Privacy Law at Hoover High School

All the best,

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

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New Media Rights Joins the Free Expression Legal Network!

  

We are thrilled to announce that we joined the Free Expression Legal Network. Supporting journalists and nonprofit news organizations has always been an important part of our work. Journalists face many of the same intellectual property, privacy, and media law issues that challenge other creatives and entrepreneurs.

The Free Expression Legal Network is a nationwide coalition of school clinics, academics, and practitioners focused on promoting and protecting free speech, free press, and the free flow of information to an informed and engaged citizenry. The creation of the network was led by the Reporter's Committee for the Free Press and Yale Freedom & Information Access Clinic.  Members work on media law, transparency, and/or access issues, either as their primary focus or as it intersects with their work on other issues.

The network allows members to better share resources and expertise, while collaborating on projects to defend the constitutional rights of free speech and a free press. New Media Rights is looking forward to being a supportive member of the network and utilizing its resources to better serve our clients.

At its launch, FELN includes 22 law school clinics that provide students hands-on experience representing journalists and documentary filmmakers, among others. We are proud to be counted among them! The network also includes two dozen law professors who frequently write and research in the areas of free expression, media law and government transparency. The clinicians and professors are joining in a network to promote collaboration and to better meet this challenging environment for transparency and free expression.

Learn more at  http://freeexpression.law  
 
 

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Device: A Podcast that Explores Scientific Plot Devices and how they Affect the Public’s Understanding of Science

Device is a monthly book discussion with a science-based twist, hosted by creator Emily Griffiths. The podcast focuses on how authors often rely on scientific phenomena as plot devices, altering what’s scientifically possible to create an engaging plot line, which can often result in great storytelling, but the science can be exaggerated or lost in the process. Currently distributed by KPBS as part of its Explore Local Content Project, Device talks to local scientists in San Diego and throughout California to talk what’s real, and what’s science fiction.

Once a program like Device is up and running, creators will often reach out to various distributors to share their content on broader platforms and with audiences throughout the world. There are legal needs at all stages of producing content like a podcast, and New Media Rights was glad to be able to provide services to Emily to help interpret and understand her distribution agreement with KPBS.

Emily Griffiths, creator and host of Device had this to say about working with New Media Rights:

“New Media Rights helped me find solid footing when embarking on a new project.  I am new to the media field and didn't know what was and wasn't typical to find in a contract.  They answered every little question I had, no matter how seemingly small or insignificant, and helped me phrase my concerns about the contract to the other party. I felt confident moving forward knowing I understood exactly what the contract entailed.” 

Distribution agreements are an important part of securing distribution on major platforms. It is important to pay close attention to distribution agreements, because they can place certain obligations on you as a creator, and because you want to make sure you understand what you are agreeing to, what rights you are keeping, and what rights you are giving away.

Alexandra Inman, NMR Student Fellow, assisted in reviewing and interpreting the agreement. “Working on Emily's podcast allowed me to see our client's creative projects in a whole new light. I had received some experience in the clinic with ideas and how someone could protect themselves as they made those ideas realities but this experience allowed me to spot some of those issues for our client while simultaneously helping to accomplish the ultimate goal for any creator, having their work available to an audience.” 

New Media Rights is proud to have provided legal services to this podcast. You can learn more about our services for Public Broadcasting producers here.

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

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Gracie Pollard

Staff: 

Student Fellow

Joined NMR in: 

September 2019
Gracie Pollard is beginning her 2L year at California Western School of Law. She came from a small town and dirt road back in Minnesota. She first came to California to attend school at San Diego State University where she received a Bachelor of Science degree in Finance. After graduation, she worked in the finance department at The Hilton until she was able to take the LSAT. It has been a long time goal of hers to attend law school and become a lawyer. She chose to apply for New Media Rights to discover and understand areas of law in her interest including intellectual property and entertainment. She is also interested in helping creative people achieve their goals with their projects. She plans to use her time in law school to prepare herself to enter areas of entertainment or intellectual property once she graduates. 

 

Matthew Batista

Staff: 

Legal Intern

Joined NMR in: 

September 2019

Matthew D. Batista is a 3L at California Western School of Law. He earned his Bachelor of Arts Degree with Honors in Environmental and Financial Economics, graduating Magna Cum Laude from California State University, Chico. He served in the United States Air Force for six years, earning the rank of Staff Sergeant and training with organizations such as the FBI. His legal experience consists of working for the Chico, CA based Community Legal Information Clinic in the Housing Department, for Chico, CA based civil litigation firm Griffith & Horn, LLP, and for the San Diego City Attorney's Office. Matthew is also a certified LEED Green Associate through the U.S. Green Building Council. He has a passion for sustainability, frequently writing for the California Western School of Law Commentary on environmental issues. Matthew has broad legal interests in environmental law, sports law, intellectual property law, real property law, international law, land use law, business law, and working with startups. When he is not studying, Matthew enjoys working out, running, watching sports, and browsing YouTube or reading at the end of the day. 

Event: KPBS Explore Program Orientation Workshops

Staff Attorney Erika Lee and Student Fellow Alexandra Inman will be at the KPBS Explore Local Content Program orientation workshops on August 27th and 28th!

They'll be speaking about what kind of legal issues filmmakers, podcasters and other content creators need to be aware of throughout all stages of production, as well as how copyright and music licensing affects production.

This workshop is made possible in partnership with the City of San Diego Economic Development Department.

Here's a link to the KPBS Explore Program page.

When: August 27th and August 28th at 7pm

Where: KPBS

5200 Campanile Drive

San Diego, CA 92182

About the discussion

What legal issues might come up during pre-production, principal photography, and post-production? What kind of things should you be thinking about before you hire the crew, actors, editors and other creators? What kind of contracts are involved at each stage? How does copyright protect your work, how does it protect the work of others? How do you use other artists' music in your production, and what steps do you need to take to properly do so? We’ll answer these questions and also leave plenty of time for Q&A.

Student Fellow Alexandra Inman had this to say about the workshops: 

"I loved having the opportunity to speak to the KPBS audience! We were able to provide them with basic copyright and licensing information to help them as they move forward with their productions and provide them with some peace of mind that they could navigate their projects within the boundaries of the law. They also present with the most interesting legal questions which helps prepare me for working directly with clients as I move forward in my career. Creatives like them are one of the major reasons why I love working at New Media Rights!" 
 
Photos from the event: 

 

 

 

 

 

 

 

 

Staff Attorney Erika Lee (L) and Student Fellow Alexandra Inman (R)

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Stacey Zumo

Staff: 

Legal Intern

Joined NMR in: 

September 2019

Stacey Zumo is a 2L at California Western. A Baton Rouge native, she received her Bachelor’s in International Studies, with minors in German and History, from Louisiana State University. She spent over 4 years in Germany and Austria, learning German, teaching English, taking Sociology courses, volunteering with refugees and low-income immigrants, and advising international students on study visas and work permits. In the U.S., she has 8 months of experience working at Catholic Charities’ legal immigration services department, 4 months at UCSD’s international faculty and scholar’s office, and 2 years as a business immigration legal assistant at Higgs, Fletcher & Mack. She is interested in the intersections of immigration law, international business law, and entertainment law.

Ahmed Alamri

Staff: 

Student Fellow

Joined NMR in: 

January 2019

Ahmed received his Bachelors Degree from Fresno State University in Fresno, California. He majored in Political Science while working under the Mayor for the City of Fresno and maintaining his own mobile app startup business. Ahmed has released mobile apps that have been featured on Apple’s Top 100 App Charts and has collectively received over 6 million downloads for his apps worldwide. Ahmed is a third-year student at California Western School of Law. He is very excited to be working with New Media Rights, because as an entrepreneur he is determined to help artists and other creative individuals alike achieve their ambitions for their businesses. Ahmed hopes to use this excellent experience he is obtaining from New Media Rights not only to pursue his longtime dream of becoming an intellectual property attorney but to use legal knowledge to help grow his startup businesses. In his free time, Ahmed enjoys playing guitar, graphic design, and creating more apps.

Alexandra Inman

Staff: 

Student Fellow

Joined NMR in: 

May 2018

Alexandra received her Bachelor of Arts degree from The George Washington University in Washington, D.C. She majored in Philosophy with particular emphasis on aesthetics and minored in criminal justice. Deciding to flee to the West Coast she spent a few years in Los Angeles before enrolling at California Western School of Law here in San Diego and is anxiously awaiting graduation in December of this year. She is very excited to continue working with New Media Rights because she enjoys assisting entrepreneurs, artists, and other creative individuals with realizing their dreams. Alexandra hopes to use the excellent experience she is getting with New Media Rights to realize her own dream of being a sports and entertainment lawyer specifically in the fields of movies, television, and music. In her free time, Alexandra enjoys reading, watching movies, and learning as much as she can about the fields of entertainment and sports.

Event: Kickstart the Arts 2019

Executive Director Art Neill and Legal Fellow Alexandra Inman spoke to arts teachers and administrators from across San Diego County on Friday May 10, 2019 about copyright, fair use, openly licensed resources, and educational exceptions. We had a great time discussing what students need to know to fully exercise their rights to create, as well as the importance of understanding the business end of creating. We also made sure teachers know that they have unique abilities to use copyrighted works in the classroom that are protected by law. 

Also, we spoke a fair amount about our classroom exceptions guide about when you can use copyrighted works in the classroom without permission. Here's that guide for copyright in the classroom for educators.
 
Lastly, we talked about Fair Use. We have an app for understanding fair use called... The Fair Use App.

 

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