Digital Millennium Copyright Act (DMCA)

Copyright Office issues final small claims rules for Copyright Claims Board, cites New Media Rights’ comments

The United States Copyright Office recently published its final rule for implementation of the procedures that are to govern the initial stages of a Copyright Claims Board (CCB) proceeding. The CCB will be a new forum where copyright small claims disputes can be heard.

It will have a significant impact on creators and technology businesses. Disputes previously too costly to bring to federal court can now be brought to the CCB, which allows claims up to $30,000 (no more than $15,000 per work). Many creators will either face disputes brought against them as respondents, or consider using the process as an enforcement mechanism. 

The final rule establishes a process for bringing claims at the CCB, and directly cites New Media Rights’ comments, written by California Western School of Law 2L Mariana Perez, Executive Director Art Neill, and Assistant Director Erika Lee, multiple times. Our comments discussed law school clinic participation, concerns regarding how respondents receive adequate awareness of the claims against them, the need to collect data on CCB proceedings and revisit and improve CCB processes, and various grammar and typographical errors in the proposed rules. READ MORE

NMR supports wins for filmmakers, video creators, and consumers in the 2021 DMCA Anti-Circumvention Rulemaking

Every three years the Copyright Office meets to reconsider exemptions to the DMCA Anti-Circumvention provisions. These exemptions are critical to ensuring creators and consumers’ ability to bypass technological protection measures on copyrighted works, allowing them to make fair use of works in a variety of circumstances.  Continuing our participation every since 2009, NMR staff and California Western law students submitted worked on behalf of creators and consumers to maintain three key exemptions. These exemptions help ensure that documentary filmmakers and noncommercial video creators can access materials in fair use for their work, and that consumers can install the apps and software of their choice on their smartphones.

On October 27, 2021 the Copyright Office revealed the results of their 2021 Anti-Circumvention Rulemaking. All three of the exemptions NMR petitioned to renew have been renewed, and we are cited 8 times in the new recommendation.

 

Event: Intersections Art and Law at the Border

Executive Director Art Neill will be speaking at Intersections: Art and Law at the Border on Saturday, April 6 at 10am! He will be discussing intellectual property for artists in the digital age, including copyright, fair use, licensing, and some of the key issues that artists face on a global spectrum. 

Copyright & The Classroom: Using Copyrighted Material In Classrooms and Distance Learning

There are many situations, particularly in a classroom environment, where you might want to use copyright-protected material but you can’t obtain permission from the copyright holder. A common example would be a teacher who wants to read a poem from a book or show an educational cartoon to her class. Thankfully, copyright law addresses these particular types of uses directly, in 17 U.S.C. § 110. Section 110 provides important exemptions for certain performances and displays of copyrighted works in the classroom (and certain limited online learning situations) that would otherwise be considered infringement.

Copyright Week 2019: Modernizing Copyright & Expanding the Public Domain

New Media Rights responds to over 500 requests for legal services every year, and over two thirds of these involve copyright law.  Copyright law protects the work of these creators, but it also controls how the existing culture around us can be reused and commented upon.  That’s why it’s our mission to make sure that copyright related legal services are available to all regardless of ability to pay. This way we can assist creators who are facing unfair copyright takedowns from people who want to troll or bully them, and we can also work with artists whose rights have been infringed to get justice responsibility and without overreaching in their claims. Read more

 

Event: Alliance for Community Media National Conference

New Media Rights Executive Director Art Neill will be speaking at the Alliance for Community Media National Conference in Baltimore on July 12, 2018! He will be discussing copyright, fair use and licensing with Kevin Goldberg of Fletcher, Heald & Hildreth, P.L.C.

Event: PLI's Fundamentals of Copyright Law in the Data Era

We're honored to have been invited to speak at PLI's "Fundamentals of Copyright Law in the Data Era." Executive Director Art Neill and Assistant Director Shaun Spalding will be at the Practising Law Institute in San Francisco on July 9th, 2018, presenting during the capstone panel of the day.

 

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.

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.

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.

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