Digital Rights Management (DRM)

Our new book: Don't Panic :) A Legal Guide (in plain english) for Small Businesses and Creative Professionals

Ever wonder what sorts of issues you may encounter as a creator or entrepreneur, and when you might want to reach out to a real life lawyer? That’s what our book "Don't Panic: A Legal Guide (in plain english) for Small Businesses and Creative Professionals" is all about. This book is designed to help you through the legal issues you may run into as a creator, entrepreneur, or innovator. We focus on issues you may encounter from the inception of your business to the moment (that hopefully doesn’t happen) you get a nasty lawyer letter for the first time. While this book is not a substitute for legal advice, it can serve as a helpful guide to preventing and resolving legal issues.

Event: Law 101 - The basics of Intellectual Property for Makers @ Fablab San Diego

Executive Director Art Neill & Advisory Board Member Kyle Welch,  a technology transfer attorney for San Diego State University (and a former NMR legal intern!) will discuss the basics of Intellectual Property at Fablab Wednesday June 29 at FabLab San Diego.  Come join us!

 

New Media Rights seeks reform of section 1201 Anti-circumvention provisions in Copyright Office study

Before the end of 2015 the Copyright Office issued a Notice of Inquiry and Request for Public Comment on Section 1201 of the Digital Millennium Copyright Act (DMCA). Section 1201 outlines the DMCA’s anti-circumvention provisions that make it illegal to bypass any technological protection measure (TPM) (also known as Digital Rights Management (DRM)) that restricts access to copyrighted content. But simply put, it is a broken and flawed area of copyright law.

The Notice of Inquiry was intended to assess the operation of section 1201, along with the triennial (every three year) rulemaking process established under the DMCA to adopt exemptions to the prohibition against circumvention of TPM’s. Based on our long history of advocating for DMCA exemptions, New Media Rights (NMR) participated in this effort by filing a public comment on March 1, 2016. The comment addressed several questions laid out in the notice of inquiry, drawing directly from New Media Rights’s experiences from working with clients navigate 1201 on a regular basis.

NMR launches law school IP and entrepreneurship clinics list!

As we've written about before there's a major justice gap when it comes to creators and entrepreneurs having access to critical legal services. While we do our best to provide free and low cost legal services, we’re only one organization. That's why we’ve created a national list of law school legal clinics as a resource to creators, entrepreneurs and even other lawyers to help find other legal clinics fighting to fill the justice gap. The clinics on the list typically provide completely free or low cost services depending on if you qualify and they have the capacity to take on new issues. Check out the complete list here.

 

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.

3D Printing and repairing products

Some companies have already expressed concern that 3D printing will allow consumers to repair so much of the product with at-home printed pieces, that the consumer is actually replacing the whole product for free. Unfortunately, the difference between making major repairs and reproducing the product is not clear-cut.

Patent: It is easy to imagine buying a product, scanning all its individual unpatented parts, and then using a 3D printer to print out any parts needed to repair a product at home. Not only would this be convenient for the consumer, but it would also prolong the life of the product.  Keep in mind though, that what is and what isn’t patented isn’t intuitive. Some parts that you might assume are not subject to patent protection may actually be patented.

However, many useful objects do have patent protection. Under patent law, the creator has the exclusive right to reproduce a product. However, the consumer is generally allowed to make repairs to their product but they are not allowed to recreate the patented object. The questions remains, “at what point does a single major repair or cumulative repairs equate to reproducing the product?” Unfortunately, the answer for the moment is unclear.

Copyright: If the product were copyrighted, reproducing it would be a copyright violation. However, making repairs to a copy you obtained lawfully is not. Let’s say a person purchased an art piece made of various colored sugar cubes that combined to create an image of a man’s face. Individually, the sugar cubes are not copyrighted. If a dog eats some, but not all of the sugar cubes, how many could be replaced before the owner has effectively reproduced the artist’s work without permission? The answer is unfortunately unclear.

Trademark: So long as consumers are never exposed to a reproduction of a trademark, a trademark can be copied. For example, if a person broke the lid on a standard thermos that has a Starbucks logo on it. They could replace the lid and the whole logo, so long as the lid is kept strictly for personal use.

If you have any other questions regarding 3D printing and the law please don’t hesitate to contact New Media Rights via our contact form.

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. 

Invest in creativity and slay the copyright trolls!

Dear New Media Rights community, 

We logged our 600th one-to-one assistance case since mid-2010 this week!

When you support New Media Rights, you invest in creativity, and the slaying of copyright trolls.

Tax-deductible donations from folks like you support creative projects, free speech, and job-creating ideas that may die on the vine without our assistance.  Just this afternoon I spent time gathering evidence on a large media company that has abused copyright law to takedown a video that is 100% legal.  We will use that information to restore this content and expose the abuse by this company.

Unfortunately, finding the spark for a great idea isn't the only hurdle creators face.   Sometimes they need legal services to even be able to share their creativity or innovation, and that's where New Media Rights steps in.  We're gearing up to make 2013 the year the independent creator fights back.
 
There's still time to for you help independent creators and protect free speech in 2013. 
 
Here's how you can make an invest in creativity:
 
Please donate, because if everyone we've assisted donated $35 then we could easily make our goal.
 
You can also donate through our website.  Consider becoming a Founder this year by donating $250 or more.  Your name or your company's name will be prominently displayed on our website as a supporter of New Media Rights.

Both ways of donating are tax-deductible, so donate before December 31 to make sure you get the deduction fro 2012!  And spread the word!

I'm grateful to have you as part of our community, and I look forward to slaying more copyright trolls with you in 2013!

Happy Holidays and all the best in the New Year,

Art Neill
Founder | New Media Rights
619-591-8870
art@newmediarights.org

No Rights Reserved

 

New Media Rights invited to participate in Copyright Office panels considering potential small claims system for copyright law

In 2012, the U.S. Copyright Office began a process of considering creating a small claims court or system for small-scale copyright disputes.  This would affect the internet users and independent creators New Media Rights assists significantly.

New Media Rights has been invited by the Copyright Office to participate in hearings taking place November 26 & 27 in Los Angeles on the topic.

Executive Director Art Neill will be participating in panels discussing potential remedies and appeals, constitutional issues, and benchmarks for success of such a system.

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