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
In a scholarly article, recently published in the University of Texas Intellectual Property Law Journal (Vol. 28, No. 1, p. 87-98, 2019), New Media Rights' Executive Director Art Neill and Staff Attorney Erika Lee consider some options for modernizing copyright registration. The Texas Intellectual Property law Journal is a top 15 ranked Intellectual Property Journal according to Washington & Lee's rankings.
The article, Fixing Copyright Registration For Online Video Creators: The Case for Group Registration of Published Videos, considers the history of published group registration since the Copyright Act of 1976 and argues that future modernization efforts should include group registration of video. The article also posits that current options for registering videos are ineffective and cost-prohibitive for online video creators, and proposes opening a rulemaking with the Copyright Office to establish group registration of published videos (which is currently not permitted). READ MORE
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.
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.
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.
While a person doesn’t need to register their work with the Copyright Office in order to receive copyright protection, registration provides significant benefits when copyright owners need to enforce their rights against infringers. But our current registration system is a two-tiered system. It benefits large copyright holders with deep pockets, but can be complicated, expensive, and time-consuming for individuals who produce a lot of works (like video creators, bloggers, podcasters and more).
On January 15, 2019, New Media Rights filed comments with the Copyright Office requesting modernization of the online copyright registration process to level the playing field.
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
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.
Executive Director Art Neill will be speaking at the San Diego Press Club meeting on September 12th at 6pm. The panel is called "Nuts and Bolts: Intellectual Property – Protecting Yours and Using Others," and will include a discussion of using third party content online, protecting your own intellectual property, freelancers’ rights related to unauthorized republishing of their work, and journalists’ and media outlets’ responsibilities regarding work sourced from third parties.
The meeting is being held at the Procopio building in downtown San Diego, and the panel begins at 6pm.
Executive Director Art Neill and New Media Rights Fellow Erika Lee will discuss the basics of intellectual property at the San Diego City College on Tuesday, May 1 at 6pm! Come join us! The event is free and open to the public.
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