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
On June 11, 2018, New Media Rights joined the Electronic Frontier Foundation and the Organization for Transformative Works in filing a response to questions that the Copyright Office posed after the §1201 Anti-Circumvention hearings in April.
The Copyright Office inquired as to whether screen capture is an alternative to circumvention for educational uses of short film clips outside of the context of film studies courses. Our joint response reinforces our position that screen capture is not a sufficient alternative to circumvention for fair use of short clips of video.
On April 24, New Media Rights joined the Electronic Frontier Foundation and the Organization for Transformative Works to testify in support of a streamlined class 1 video exemption to the anti-circumvention provisions of the DMCA (17 USC § 1201).
Section 1201 outlines the DMCA’s anti-circumvention provisions that make it illegal to bypass technological protection measures (TPMs) (also known as Digital Rights Management (DRM)) that restrict access to copyrighted content. However, if the reason for breaking encryption on the content falls under an exemption to the statute, then the circumventor is relieved of liability for breaking the encryption.
New Media Rights recently filed a petition with the Electronic Frontier Foundation and the Organization for Transformative Works to the Copyright Office requesting that the office provide better protection for the right of educators, libraries, filmmakers, remix artists, and others to use video excerpts under fair use through Section 1201 exemptions. Section 1201 outlines the DMCA’s anti-circumvention provisions that make it illegal to bypass technological protection measures (TPM) (also known as Digital Rights Management (DRM)) that restrict access to copyrighted content, unless specifically exempted through this rulemaking which takes place every three years. The strangest part about the anti-circumvention laws is that you may be making a fair use of material, but if you've circumvented, you could still be violating federal law. 1201 is broken, and we're working to fix it.
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.
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!
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.
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.
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.
In our new book, 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.
You’ll learn how to form your business, protect your intellectual property, and avoid problems when launching your project. Taking a few simple steps upfront to protect your business or project can save time and money down the road. Don't Panic has also been used in undergraduate & graduate classes nationwide to teach business and legal concepts to non-lawyers. Professors can request a FREE evaluation copy