Fair Use

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

Submitted by New Media Rights last modified Thu, 04/21/2022 - 1:16pm

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.

 
Submitted by New Media Rights last modified Thu, 10/28/2021 - 2:23pm

Nevertheless: shining a light on sexual harassment and how we can shift our culture

Nevertheless Trailer from Sarah Moshman on Vimeo.

New Media Rights was proud to work on Sarah Moshman's recent documentary film, Nevertheless.

Taking a look behind the headlines of #MeToo and Time’s Up, Nevertheless follows the intimate stories of 7 individuals who have experienced sexual harassment in the workplace or school context. From a writer's assistant on a top TV show to a Tech CEO and 911 dispatcher, the film shines a light on the ways in which we can shift our culture and rebuild.

Submitted by New Media Rights last modified Thu, 05/28/2020 - 2:07pm

Adios Amor - New Media Rights helps bring the story of farm worker's advocate Maria Moreno to PBS

New Media Rights attorneys and law students recently worked on Adios Amor, a powerful documentary by Jane Greenberg and Laurie Coyle.

In Adios Amor, the discovery of lost photographs sparks the search for a hero that history forgot—Maria Moreno, a migrant mother driven to speak out by her twelve children’s hunger. Years before Cesar Chavez and Dolores Huerta launched the United Farm Workers, Maria picked up the only weapon she had—her voice—and became an outspoken leader in an era when women were relegated to the background. The first farm worker woman in America to be hired as a union organizer, Maria’s story was silenced and her legacy buried—until now.

Submitted by New Media Rights last modified Thu, 05/28/2020 - 2:06pm

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. 

Submitted by New Media Rights last modified Mon, 04/08/2019 - 3:58pm

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.

Submitted by New Media Rights last modified Thu, 04/23/2020 - 3:50pm

Event: SD Media Pros Meeting - Let's Talk Business

Staff Attorney Erika Lee and Assistant Director Shaun Spalding will be at the March SD Media Pros meeting to discuss copyright and creative contracts! 

Join us on Wednesday, March 27th as we cover some advanced copyright topics, including licensing and fair use, and a big picture discussion of contracts for creative professionals. What do you need to include in your freelance contracts? What do terms like "indemnification" and "representations and warranties" mean? How can I protect my interests when I enter into a contract with a distributor?  Join us to learn more about how you can use your creative content as leverage in your contracts.

Submitted by New Media Rights last modified Fri, 03/22/2019 - 2:41pm

Fair Use Week 2019: Fair Use is an Indispensable Part of Our Economy and Culture

It's Fair Use Week 2019 this week, but every week is Fair Use Week for New Media Rights, because every day we fight for artists and innovators against legal bullies who don’t respect fair use and work to empower creators by providing them with important information on the law.

Fair use is the vehicle millions of individuals use to exercise their freedom of expression every day. That's why this week, we'll be highlighting why fair use is important to creators and what New Media Rights is doing and has done to support it. Read more

 
Submitted by New Media Rights last modified Wed, 03/27/2019 - 12:51pm

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

 
Submitted by New Media Rights last modified Fri, 03/22/2019 - 2:42pm

Urban Beats works to de-stigmatize mental health issues through creative expression

New Media Rights works with a variety of different local organizations that use the arts and media to have a positive impact on their local community. One of these organization is Urban Beats, located here in San Diego.

Urban Beats is a program for Transitional Age Youth (TAY) that works to de-stigmatize mental health issues and enhance wellness through creative expression. The program also provides a space for TAY to freely express themselves, and encourages members to explore the creative arts and job opportunities within the San Diego community. 

New Media Rights Staff Attorney Erika Lee and Student Fellow Brittany Hernandez recently spoke to Urban Beats staff about copyright, licensing, and fair use.

 
Submitted by New Media Rights last modified Thu, 03/21/2019 - 12:26pm

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