Digital Millennium Copyright Act (DMCA)

New Media Rights Joins the EFF and OTW in Latest Supplemental Filing on §1201 Anti-circumvention Exemptions

On June 11, 2018, New Media Rights joined the Electronic Frontier Foundation and the Organization for Transformative Works in filing a response to questions that the Copyright Office posed after the §1201 Anti-Circumvention hearings in April.

The Copyright Office inquired as to whether screen capture is an alternative to circumvention for educational uses of short film clips outside of the context of film studies courses. Our joint response reinforces our position that screen capture is not a sufficient alternative to circumvention for fair use of short clips of video.

Submitted by New Media Rights last modified Tue, 06/12/2018 - 3:36pm

New Media Rights Testifies at the Copyright Office Hearings on § 1201 Anti-circumvention Exemptions

On April 24, New Media Rights joined the Electronic Frontier Foundation and the Organization for Transformative Works to testify in support of a streamlined class 1 video exemption to the anti-circumvention provisions of the DMCA (17 USC § 1201).

Section 1201 outlines the DMCA’s anti-circumvention provisions that make it illegal to bypass technological protection measures (TPMs) (also known as Digital Rights Management (DRM)) that restrict access to copyrighted content. However, if the reason for breaking encryption on the content falls under an exemption to the statute, then the circumventor is relieved of liability for breaking the encryption.

Submitted by New Media Rights last modified Wed, 05/02/2018 - 10:41am

New Media Rights Joins The EFF And OTW In Petition For An Improved Video Excerpt 1201 Exemption

New Media Rights recently filed a petition with the Electronic Frontier Foundation and the Organization for Transformative Works to the Copyright Office requesting that the office provide better protection for the right of educators, libraries, filmmakers, remix artists, and others to use video excerpts under fair use through Section 1201 exemptions. Section 1201 outlines the DMCA’s anti-circumvention provisions that make it illegal to bypass technological protection measures (TPM) (also known as Digital Rights Management (DRM)) that restrict access to copyrighted content, unless specifically exempted through this rulemaking which takes place every three years. The strangest part about the anti-circumvention laws is that you may be making a fair use of material, but if you've circumvented, you could still be violating federal law. 1201 is broken, and we're working to fix it.

Submitted by New Media Rights last modified Fri, 01/05/2018 - 11:36am

NMR client brings the story of the first all-women crew to row across the Pacific Ocean to Netflix in Losing Sight of Shore

Congratulations to our client Sarah Moshman whose documentary Losing Sight of Shore recently made it to Netflix.  The documentary tells the story of the first all women team to row across the Pacific from the United States to Australia.

Thank you to recent graduates Maresa Martin and Nathalie Garcia who provided legal services along with New Media Rights Executive Director Art Neill.

Click through to read more about our work with this client.

Submitted by New Media Rights last modified Mon, 02/12/2018 - 4:20pm

Big Changes with the DMCA Registration Process!

So, you want to be protected by the DMCA section 512 safe harbors? Some changes at the Copyright Office mean that you’ll need to now electronically register any services you want covered by the DMCA through the Copyright Office (including re-registering for all current service providers covered by the DMCA). You'll then need to re-register every three years to keep the DMCA safe harbor protections active.

Submitted by New Media Rights last modified Tue, 11/01/2016 - 8:32pm

Our new book: Don't Panic :) A Legal Guide (in plain english) for Small Businesses and Creative Professionals

Ever wonder what sorts of issues you may encounter as a creator or entrepreneur, and when you might want to reach out to a real life lawyer? That’s what our book "Don't Panic: A Legal Guide (in plain english) for Small Businesses and Creative Professionals" is all about. This book is designed to help you through the legal issues you may run into as a creator, entrepreneur, or innovator. We focus on issues you may encounter from the inception of your business to the moment (that hopefully doesn’t happen) you get a nasty lawyer letter for the first time. While this book is not a substitute for legal advice, it can serve as a helpful guide to preventing and resolving legal issues.

Submitted by New Media Rights last modified Wed, 04/25/2018 - 6:13pm

Event: Law 101 - The basics of Intellectual Property for Makers @ Fablab San Diego

Executive Director Art Neill & Advisory Board Member Kyle Welch,  a technology transfer attorney for San Diego State University (and a former NMR legal intern!) will discuss the basics of Intellectual Property at Fablab Wednesday June 29 at FabLab San Diego.  Come join us!

 

Submitted by New Media Rights last modified Wed, 06/29/2016 - 9:55pm

Event: Copyright for Media Makers 2016

A great creative project or business starts with a solid legal foundation. Come join us this Thursday May 12 at 5:30pm for a free legal workshop and Q&A at San Diego City College hosted by SD City RTVF - Open to all and will be held in room C211. Brought to you in partnership with the City of San Diego's Office of Economic Development.

Submitted by New Media Rights last modified Wed, 05/11/2016 - 12:46pm

New Media Rights asks for legislative reform in comments to Copyright Office's DMCA Section 512 study

The DMCA Section 512 is a critical protection for internet-based services large and small against copyright claims based on user infringement. However, Section 512 creates an easy, out of court process to remove speech from the internet through its notice and takedown provisions. This process is frequently abused to remove otherwise legal content from the internet. We recently proposed legislative reforms that would address key problems with section 512, and shared our firsthand experiences with clients dealing with section 512.

Submitted by New Media Rights last modified Tue, 05/10/2016 - 5:42pm

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