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Testify! Why anti-circumvention exemptions are important for ALL filmmakers

Filmmakers who want to reuse the culture around them for commentary and criticism need to understand fair use, but that's not the only legal issue they have to worry about. Even if their use is a fair use, the DMCA Anti-Circumvention provisions make it illegal just to bypass any encryption (also known as Digital Rights Management (DRM) or Technological Protection Measures (TPM)) that restricts access to that content. This is exactly as ridiculous as it sounds.  Simply accessing content to make a fair use can still be illegal under federal law, even when there is no copyright infringement!

Every 3 years, the Copyright Office considers exemptions to these anti-circumvention provisions.  The process is highly problematic, but right now its the only way to provide any relief from this overreaching law that's been on the books since 1998. This year we submitted comments on three important exemptions (regarding installing software of your choice on your devices, as well as your right to reuse video content under fair use).

On Wednesday May 20, we testified regarding Class 6, which is all about allowing filmmakers to bypass encryption on DVDs, Blu Ray discs, and online sources, to make use of content under fair use.   We want to thank California Western law students Emory Roane and Patrick McManus for their great work helping prepare comments and testimony in this proceeding.

Submitted by Art Neill last modified Thu, 05/21/2015 - 4:02pm

The top 10 legal issues today’s Journalists, Creators, and Entrepreneurs share

“For too many journalists, one lawsuit could bankrupt them or their newsroom.” -Josh Stearns, GR Dodge Foundation

In our 9 year history providing legal services on over 1400 individual matters, we’ve tracked a significant convergence in the legal needs of journalists, creators and entrepreneurs. This convergence is the result of the rise in the importance of nonprofit and independent projects and the common use of the internet as the means of distribution. As a result, a common set of core legal issues has emerged among journalists, creators, and early stage tech entrepreneurs.  We share the top 10 areas of convergence below.

Photo credit: "A Bridge to Nowhere" by Paolo Crosetto on Flickr, used via Creative Commons Attribution-ShareAlike 2.0 license

Submitted by Art Neill last modified Mon, 06/17/2019 - 10:06am

New Media Rights Executive Director Art Neill reappointed to FCC Consumer Advisory Committee for a third term

New Media Rights' internet user and consumer advocacy efforts were recognized again this week with the appointment of New Media Rights Executive Director Art Neill to a third term on the Federal Communications Commission’s (FCC) Consumer Advisory Committee (CAC). Neill previously has served as the Co-Chair of the CAC’s Broadband Working Group.  Staff Attorney Teri Karobonik will join Neill, serving as New Media Rights’ alternate representative to the CAC for a second term. The FCC committee works to serve the interests of consumers by soliciting their input during the regulatory process and working to improve consumer access to modern communications services.

 “Our appointment to the FCC’s Consumer Advisory Committee gives us a place where we can share the concerns of internet users and consumers directly with regulators,” said Neill. “Good public policy starts with actually knowing what’s happening on the ground. New Media Rights focuses its efforts on helping a variety of consumers and creators often left out of conversations about public policy that affects them.”

Submitted by New Media Rights last modified Mon, 05/11/2015 - 10:54am

Event: Unintended consequences of hyperlocal social apps

Hyperlocal social platforms, like Yik Yack and Whisper,  are hot right now. But when things turn ugly, or they get into the wrong hands, whose responsibility is it? Who foots the bill for the fallout? The founders and developers who didn't foresee the (negative) possibilities? Parents? Teachers? Consumers? Law enforcement?

Staff Attorney Teri Karobonik will join a panel of other experts on Thursday May 14th to discuss these issues and more at CyberHive's StartUp Breakfast; Unintended Consequences:  Who is responsible when hyperlocal social apps get in the wrong hands?

For more information and to RSVP check out theCyberTECH and CyberHive Startup Incubator Meetup page for the event here.

Submitted by New Media Rights last modified Mon, 05/04/2015 - 5:22pm

Executive Director to speak at UC Irvine School of Law Entertainment and Technology law Symposium

New Media Rights Executive Director Art Neill will be speaking at the March 28 UC Irvine School of Law Entertainment and Technology Law Symposium.  Art will be on a panel of experts regarding the FCC's recent decision to implement Open Internet rules by reclassifying broadband under Title II.

Submitted by New Media Rights last modified Fri, 03/27/2015 - 12:05pm

Déjà vu: Viacom removes Jonathan McIntosh's Daily Show remix with 2nd abusive DMCA takedown notice

Recently, remix artist Jonathan McIntosh ( a New Media Rights client and Advisory Board member) has been facing off with Viacom. Viacom sent a second abusive DMCA takedown to the same video, despite withdrawing a DMCA takedown back in 2013.  With our help, Jonathan is appealing the takedown and working to restore the video. The incident highlights the many abusive DMCA and copyright related takedowns New Media Rights has seen over the years, often from large media companies like Viacom.  Read more about the case, and how we're helping Jonathan in this post.

Submitted by New Media Rights last modified Wed, 02/25/2015 - 4:31pm

February Newsletter -- Getting results: FCC now considering proposal that would actually protect the Open Internet.

In this months newsletter:

The FCC's proposal to reclassify the Internet under Title II is a big win for the Open Internet!
Recently, FCC Chairman Tom Wheeler proposed reclassifation of the internet as a Title II communications service.  If adopted February 26, the proposal would give the FCC the legal authority it needs to preserve and protect the Open Internet. Executive Director Art Neill sat down with KPBS to discuss why the Federal Communication Commission's new Open Internet rules are necessary to ensure a free and open internet. 



For more on the Net Neutrality debate and what it means for you, check out our latest blog post on Net Neutrality here.

Submitted by New Media Rights last modified Wed, 02/18/2015 - 2:58pm

Why the FCC's proposal to reclassify the Internet under Title II is a big win for the Open Internet

Recently, FCC Chairman Tom Wheeler proposed reclassifation of the internet as a Title II communications service.  The move gives the FCC the legal authority it needs to preserve and protect and preserve the Open Internet.

This is a good thing.  Here's a TV interview we did explaining what's going on.

 

KUSI News - San Diego, CA

You can also listen to a more in depth interview here.

Without this reclassification we face the trade-off of improved profits for already hugely profitable companies, in exchange for the internet as we know it. This trade-off is unacceptable to the creators and consumers we serve.

The nature of the internet as an open, accessible network has allowed individuals and businesses to create technologies and services that have transformed our world.  It also has allowed individuals and organizations to speak and communicate with audiences in unprecedented ways. 

Submitted by New Media Rights last modified Wed, 10/12/2016 - 5:10pm

New Media Rights files comments at the Copyright Office supporting the right to jailbreak mobile devices and lawfully reuse video content

New Media Rights has filed comments with the Copyright Office supporting four specific exemptions to the Digital Millennium Copyright Act’s anti-circumvention provisions that will protect both internet users and creators' rights under fair use. Exemptions are argued every 3 years, and ensure that accessing copyrighted material for purposes of fair use don't needlessly violate federal law.

Similar to our 2009 and 2012 comments to the Copyright Office, these comments offer direct evidence supporting the right of internet users and video creators to circumvent technological protection measures to a) allow individuals to take control of the apps and services they use on their mobile devices, and b) allow creators, internet users, and filmmakers to reuse video content for fair use purposes. Thanks to our legal intern California Western School of Law 2L Pat McManus for his assistance in preparing these comments.

Submitted by New Media Rights last modified Wed, 02/11/2015 - 5:26pm

New Media Rights to file comments supporting key Anti-Circumvention exemptions


We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of the law, and addressing what's at stake, and what we need to do to make sure that copyright promotes creativity and innovation. Today's theme is "Owners Rights" and the upcoming Copyright Anti-Circumvention Exemption Proceeding.

Comments to the Copyright Anti-Circumvention Exemption Proceeding are due February 6, 2015.  As in past years (2012, 2009), New Media Rights will be offering direct evidence of the creators and consumers we work with who rely on these exemptions.  Here's a brief preview of our comment.

Submitted by Art Neill last modified Tue, 01/20/2015 - 7:21pm

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