Digital Millennium Copyright Act (DMCA)

New Media Rights Presented at the KPBS Explore Program Orientation Workshops 2023

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Assistant Director Erika Lee and Student Fellow Cristina Meisterling recently presented at the KPBS Explore Local Content Program orientation workshops!

KPBS Explore is a program established to help provide more local programming for San Diego audiences. Most of the programs that have been part of the Explore program are created by local San Diego producers who then have their programs broadcast or distributed via KPBS.  You can read more about the program in general here:  https://www.kpbs.org/tv/kpbs-explore

Erika and Cristina spoke about 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. READ MORE

New Media Rights Speaks About Fair Use on the Pop Culture Detective Audio Files Podcast

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New Media Rights Executive Director Art Neill and Assistant Director Erika Lee were guests on the Pop Culture Dective: Audio Files Podcast!

We joined host Jonathan McIntosh to discuss the importance of fair use and how it interacts with YouTube's Content ID system. Fair use is a critical tool for the media criticism field, but also for many other creative ventures. You can find the podcast on the Pop Culture Detective: Audio Files website, YouTube, and wherever you normally get your podcasts!

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

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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

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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.

 

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

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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

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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

 

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

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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.

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