Digital Millennium Copyright Act (DMCA)

New Media Rights submits comments to the Request for Comments on Department of Commerce Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy

On July 31, 2013 The United States Department of Commerce, United States Patent and Trademark Office and National Telecommunications and Information Administration released a Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy.  On September 30, 2013 they released a request for comments on that paper. All three offices were particularly interested in how copyright law could be reformed to better promote the growing digital economy.  The request for comments was incredibly broad and ranged from questions about the first sale doctrine as it relates to digital goods to the role of fair use in remix culture.

In our November 13, 2013 comment New Media Rights sought to address three of the most critical issues that affect the remixers, entrepreneurs, creators and internet users we work with every day. First, our comments addressed five key copyright law problems that need to be solved to help remix creators spend their time creating rather than fighting legal disputes including the current failure of 17 USC §512(f) to protect creators from content bullying. Second, we discourage the widespread implementation of intermediary licensing modeled off YouTube’s Content ID system because it is not, in fact, an intermediary licensing system. We also explain the implementation of such a system could be incredibly detrimental to users’ rights largely due to the lack of an effective appeals process and various design challenges in the system. Finally, we address the Department of Commerce’s question regarding how best to go about fashioning a multistakeholder process that would create a working set of best practices for the DMCA. We hope that our comments in these three areas will spark discussion and encourage badly needed copyright reform for the digital age. 

New Media Rights tells a content bully to beat it... Just Beat It!

New Media Rights
 
It’s been a year since the Lansdowne Library Teen Advisory Board created a video to promote reading based on Michael Jackson’s iconic “Beat It,” video. After it was posted on YouTube, Sony took down the video claiming the parody was “copyright infringement.” But after taking a bit a beating in the press for content bullying these amazing teens, Sony rescinded its claim and the video went back up.

That was the end of the story until now. Recently, the audio to the parody video was muted through YouTube’s Content ID system. The Library called Sony, but Sony claimed there was nothing they could do, that the video was caught in what Sony called the “Youtube Vortex” and complaints about disabling it were old news. Together, Lansdowne librarian Abbe Klebanoff and New Media Rights have now gotten the teens’ video restored using Youtube’s appeals process, but the story is a reminder that content bullying is alive and well. Check out the full story here.


New Media Rights helps with a film that might just be on its way to the Oscars!

When we worked with Michael Singh on a variety of legal issues that came up surrounding his documentary, Valentino's Ghost, we noticed the film was excellent and told a compelling story. We didn't realize, however, that we were helping on a film that may be on its way to an Oscar nod. We want to congratulate Michael for making it to the final 120 films nominated for best feature documentary! Good luck Michael, we're all rooting for you!

Teens make parody video, but Sony tells them to beat it… just beat it!

It’s been a year since the Lansdowne Library Teen Advisory Board created a video to promote reading based on Michael Jackson’s iconic “Beat It,” video. After it was posted on YouTube, Sony took down the video claiming the parody was “copyright infringement.” But after taking a bit a beating in the press for content bullying these amazing teens, Sony rescinded its claim and the video went back up.

That was the end of the story until now. Recently, the audio to the parody video was muted through YouTube’s Content ID system. The Library called Sony, but Sony claimed there was nothing they could do, that video was caught in what Sony called the “Youtube Vortex.” Together Lansdowne librarian Abbe Klebanoff and New Media Rights have now gotten the teens’ video restored using Youtube’s appeals process, but the story is a reminder that content bullying is alive and well.

Help us kick off our second year as a part of California Western School of Law! - June 2013 Newsletter

New Media Rights

It's been almost a year since New Media Rights became part of California Western School of Law. The partnership has been a huge success! We've provided free legal services to hundreds of internet users and creators.  We've also produced over 100 educational videos that have received over 150,000 views! In addition, we've helped create public policies that improve our ability to access and remix the world around us, and to have control of what information and services we can access through new technologies like smartphones.

Representing Internet users at the FCC - May 2013 newsletter

We've gotten off to a great start this year, providing services to over 123 individuals since January 1, giving over 6 legal basics workshops, and representing creators and consumers at the FCC's Consumer Advisory Committee.   We've shared a few highlights in our May newsletter as we head into an exciting summer for NMR!

Is Youtube refusing to honor DMCA counter-notices?

Unfortunately, New Media Rights has seen evidence in recent months that suggests that some large media companies have been able to override legitimate appeals and disputes by users regarding content takedowns.  Today's guest blog from Patrick McKay of the Fair Use and Youtube watchdog FairUseTube.org, explains the problem in more depth.

We're monitoring the issue closely and trying to gather additional information to help address this issue, so feel free to contact us with additional information you may have regarding DMCA counternotices that fail restore disputed content on Youtube.

 

New Media Rights to speak on webcast DMCA panel hosted by NAMAC and the Daily Dot

New Media Rights will be speaking on a live webcast panel March 27 about the DMCA and its impact on artists and creators.  You can watch it at the link below  The panel is hosted by The National Alliance for Media Arts and Culture  and The Daily Dot and will be held in a Google Hangout live at 12pm Pacific, 3pm Eastern March 27.  Specifically, we'll discuss the DMCA and the various ways its safe harbor and anti-circumvention provisions affect creators directly.

Check out the full details here.

Internet User's Guide to the Copyright Alert System "Six-strike" policy - FAQ

Just this week, a number of the major internet service providers in the United States, including AT&T, Verizon, and Time Warner, began implementing the "Copyright Alert System."

What is the Copyright Alert System?

The system is an anti-piracy approach where your Internet Service Provider allows content partners, typically large media companies (i.e. Motion Picture Association of America [MPAA] and the Recording Industry Association of America [RIAA] ) to police the ISP's networks for copyright infringement. This means they monitor Internet traffic, and when potential copyright infringement is identified, the copyright holder will send your IP address to the ISP and request that the ISP notify you. The ISP will engage in a series of escalating warnings and actions with internet subscribers intended to discourage digital "piracy."

Read our new FAQ to learn more about how the new system will affect you as an Internet user.

How we defeated Lionsgate's unfair takedown of Buffy v Edward, and our next battle

As you may have heard, New Media Rights recently assisted pop-culture hacker and remix artist Jonathan McIntosh (RebelliousPixels.com) in his battle with Lionsgate over the improper copyright takedown of his well known Buffy vs. Edward: Twilight Remixed video.
 
Jonathan's story is most interesting, because Jonathan had recently shown the Copyright Office the video in a hearing about copyright exemptions last May where New Media Rights was advocating for your right to reuse video under fair use. In one of its findings, the Office praised the video as an example of innovative fair use that copyright exemptions are there to protect. 
 
Jonathan's battle, and our experience working with folks one-to-one suggests there are large media companies that intend to blindly monetize every reuse of content, even if it means steamrolling fair use and the freedom of speech. 
 
Due to Jonathan's compelling post, and supporting coverage from ARS Technica and people like Mike Masnick of Techdirt, we were able to resolve his issues, and now Jonathan's Buffy Versus Edward: Twilight Remixed is back on Youtube, viewable without ads.  Forbes also covered this victory.
 
Read on to learn how we won this victory, how we can keep this work going, and about our next battle against unwarranted takedowns.

NMR helps remix artist Jonathan McIntosh fight Lionsgate's Youtube takedown of "Buffy vs. Edward"

Buffy vs Edward unfairly removed

A new year brings new battles for independent creators to share their work.

Pop-culture hacker and remix artist Jonathan McIntosh (popculturedetective.com) explains in this post how New Media Rights is fighting for him in his battle with Lionsgate over the copyright takedown of his well known Buffy vs. Edward remix video.

New Media Rights is proud to be helping Jonathan fight this battle with Lionsgate over his video.  Asserting the right to make fair use of content simply shouldn't be this hard.

It is part of a bigger picture development in the world of online video.

His story, and our experience working with folks one-to-one suggests there are large media companies that intend to blindly monetize every reuse of content, even if it means steamrolling fair use and the freedom of speech. 

Read the full story to learn more.

Remember New Media Rights is a non-profit project doing this work on a shoe string budget, so if you support this work please donate now so we can keep advocating for creators like Jonathan!

 

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