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New Media Rights’ final DMCA Anti-circumvention comments encourage the Copyright Office to protect fair use for all filmmakers

Today, New Media Rights submitted our final set of comments supporting exemptions that allow filmmakers to bypass encryption and technical protections measures for purposes of making fair use.

Specifically, following testimony in May, the Copyright Office requested definitions of a variety of terms including documentary, documentary-like, non-fiction, fictional, scripted, biopic, “inspired by,” imaginative, and “totally fiction” that were used in the proceeding.

In our responses to the Copyright Office's request, we explain that genre distinctions are not easily made, and that an exemption for all filmmakers is the best way to proceed. 

Submitted by New Media Rights last modified Mon, 06/29/2015 - 4:51pm

California Western School of Law students help filmmaker on a mission to help end harassment in the gaming community.

Long before Gamergate, a very public display of sexual harassment prompted filmmaker Shannon Sun-Higginson to explore the female experience within the gaming community. Through interviews with video game developers, journalists, and academics, GTFO [The Movie] paints a complex picture of the community as segments of it attempt to evolve to attract a diverse new gaming community against a backdrop of continued misogyny and harassment. California Western School of Law students Christine Brekke (’15), Irene Choe (’16) and Nick Sabatella (’16) all provided critical preventive legal services to help GTFO [The Movie] thrive.Learn more after the jump.

Submitted by New Media Rights last modified Tue, 06/23/2015 - 3:11pm

California Western law student helps launch new veteran's radio show, "Incoming: Stories of Veterans told in their own words"

San Diego’s KPBS and preeminent literary & performing arts nonprofit, So Say We All, just launched a new radio show called Incoming: Stories of Veterans told in their own words.  It is a powerful, diverse set of stories where veteran’s tell own their stories..  You can hear the entire new series here on KPBS as well as Soundcloud.  The program also features music composed and performed by local San Diego musicians.

California Western School of Law and New Media Rights program student (and now graduate!), Ella Ahn, provided the legal services that made this series happen.  Learn more and hear the entire series in this post.

Submitted by New Media Rights last modified Wed, 06/10/2015 - 11:36am

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

9th Circuit reaffirms the denial of a dangerous preliminary injunction in the case of Garcia v Google

In November, New Media Rights joined the Electronic Frontier Foundation, Public Knowledge, and others in filing an amicus brief urging the 9th Circuit to reaffirm the district court’s denial of a dangerous injunction that forced Google to take down the controversial "Innocence of Muslims" video based on a severe misapplication of law. Monday, the court did just that. This decision is particularly good news for the filmmakers whom we work with, but it comes too late for some.

Submitted by Teri Karobonik last modified Thu, 05/21/2015 - 1:45pm

May newsletter: The legal issues today’s journalists, creators, and entrepreneurs share

The legal issues today’s Journalists, Creators, and Entrepreneurs share
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.  Click here to check out the top 10 legal issues these groups share, and to learn about ways you can help us meet the growing demand for legal services.
Become a Organizational Supporter!
If you or your organization are already a Supporter, you know the benefits it brings, and and the tremendous impact you make.  If you aren't a Supporter already, what are you waiting for?  Check out the benefits of being a Supporter here.
 
Year Round Clinic for CWSL students!
We're proud to announce that our Internet & Media Law Clinic will now be offered year round at California Western School of Law!  The clinic provides students with experience working one-on-one with Internet & Media law clients in the field, as well as knowledge and skills regarding regulatory and policy work, scholarship, and public education and outreach. This year, clinic students will help us reach a milestone of providing services on our 1400th matter. We remain an independently funded program, so we also want to thank our individual supporters and foundations that allow us to assist clients and train students.
Applications are now open for fall, and close on June 9th!
 

 

Submitted by New Media Rights last modified Fri, 05/22/2015 - 3:46pm

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

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

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