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art@newmediarights.org
Art is the founder of New Media Rights, and practices public interest law in the areas of internet, intellectual property, privacy, and media law. He writes about legal issues for creators and small businesses as a Contributor at Forbes.
Art is also a professor at California Western School of Law teaching the courses Internet & Social Media Law (primarily focused on Internet, Intellectual Property, licensing, and online publishing law) as well as an Internet & Media Law Clinic.
In 2011, 2013, and 2015, Art was appointed as a member of the Federal Communication Commission's Consumer Advisory Committee, where he has served as Co-chair of the Broadband Working Group. In 2014, Art was named to the Fastcase 50, which honors the law's smartest, most courageous innovators, techies, visionaries, & leaders.
Honors, Professional Leadership, and Affiliations
- 2016 – Present – Advisory Board Member – San Diego City College Radio, Television, Film Program
- 2016 – 2019 - Volunteer for Serving Seniors
- 2011 – 2016 – Appointed three times to the Federal Communications Commission’s Consumer Advisory Committee. Served as Co-Chair of Broadband Working Group in 2013-14.
- 2015 Top Attorney Academic & IP Transactional categories Semi-finalist, San Diego Daily Transcript
- 2014 Fastcase 50 Award Winner - Award honoring the law's smartest, most courageous innovators, techies, visionaries, & leaders.
- 2014 – Present – Cybertech Champion (San Diego’s cybersecurity and technology community nonprofit)
- 2014 Community Hero Award – San Diego-based nonprofit Green Neuroscience Laboratory. For work advancing open and green Neuroscience.
- May 2013 – June 2015 – Board Member of San Diego-based 501(c)3 Literary Arts Nonprofit So Say We All
Publications and Scholarship:
See a more complete list of publications, amicus briefs, and scholarship on Art's SSRN page
Book - Don’t Panic: A Legal Guide for Small Businesses & Creative Professionals (2016 & 2017) Link
Contributor for Forbes on intellectual property, media and privacy law issues. View all articles. Example articles include What You Should Know About The New California Consumer Privacy Law, Forbes (June 29, 2018) (with Erika Lee), and Intellectual Property 101: What Your Business Needs To Know About Copyright Law Forbes (June 8, 2017) (with Teri Karobonik).
Fixing Copyright Registration for Online Video Creators: The Case for Group Registration of Published Videos, 28 Texas Intellectual Property Law Journal 87 (2019). (with Erika Lee)
Fixing Section 1201: Legislative and Regulatory Reforms for the DMCA Anti-Circumvention Provisions, Tulane Journal of Technology and Intellectual Property (December 2016)
Fixing Section 512 – Legislative Reforms for the DMCA Safe Harbor Provisions, California Western School of Law Research Paper No. 17-1 (2016) (with Erika Lee).
How the FCC Can Preserve the Open Internet: The Case for Reclassifying Broadband Internet Access under Title II, 18 No. 9 J. Internet Law (2015)
Remixing Copyright Law: How Copyright Reform Can Empower Remix Creators and Internet Users (January 1, 2014) available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2563355 (with Teri Karobonik)
Does a New Wave of Filesharing Lawsuits Represent a New Business Model for Copyright Owners?, 14 No. 12 J. Internet Law 1 (2011)
Social Media and the Law: Here Comes Everybody!, CEB Business Law Quarterly (A publication of the University of California and the State Bar of California) (May 2010)
Policy Advocacy & Amicus Briefs
Petitions for renewal of DMCA exemption classes for computer programs, noncommercial, and documentary films Docket No. 2017-10 (July 2020)
In the Matter of Registration Modernization, Docket No 2018-9, Comments of New Media Rights (filed Jan 15, 2019). Link
SB 822 NMR Letter of Support for California Net Neutrality Law (April 11, 2018) Link
In the Matter of Restoring Internet Freedom, WC Docket No. 17-108, FCC 17-60, Comments of New Media Rights July 17, 2017 Link
Petitions for renewal of DMCA exemption classes for computer programs, noncommercial, and documentary films Docket No. 2017-10 (July 2017)
Press Freedom Groups Letter to Federal Communications Commission in support of Title II Net Neutrality (2017) Link
In the matter of Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, Docket No. RM 2014-07, Comments of New Media Rights (Filed February 6, 2015)
In the Matter of Protecting and Promoting the Open Internet, Comments of New Media Rights, GN Docket No. 14-28 (Filed July 15, 2014)
Guide to Intellectual Property & Fiscal Sponsorship Agreements for Scientific, Research, and Archival Projects. (September 3, 2014), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2567848 (with Marko Radisavljevic)
Garcia v Google, NO. 12-57302 (9th Cir 2014) Brief of Amici Curiae Electronic Frontier Foundation, American Civil Liberties Union, Public Knowledge, Center for Democracy and Technology, New Media Rights, American Library Association, Association of College and Research Libraries, and Association of Research Libraries In Support of Defendants-Appellees (Corynne McSherry, Nathan Cardozo, Lee Rowland, Brian Hauss, Michael Weinberg, Teri Karobonik, David Sohn, Jonathan Band)
In the Matter of the Public Comment on Intentional Interruption of Wireless Services, GN Docket No. 12-52, Comments of New Media Rights (Filed April 30, 2012)
Remedies for Small Copyright Claims, Docket Number RM 2011-10, Comments of New Media Rights (Filed January 17, 2012)
The matter of Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, Docket No. RM. 2011-7, Comments of New Media Rights (Filed February 10, 2012)
In the Matter of Applications of AT&T, Inc. and Deutsche Telekom A For Consent to Assign or Transfer Control of Licenses and Authorizations, WT Docket No. 11-65, Petition to Deny of New Media Rights, Utility Consumers’ Action Network, and Privacy Rights Clearinghouse. (Filed May 11, 2011)
Selected Interviews:
- Washington Post - "The hidden world and overlooked problems of acting in video games". Our Executive Director Art Neill talk to the Washington Post about the unique challenges in the world of video game acting, including actors' rights under copyright, rights of publicity and first amendment law. January 8, 2020
- Bloomberg Law - "Hamilton Spat Shows Challenge in Carving Copyrights From History" Executive Director Art Neill was interviewed by Bloomberg Law about a recent legal dispute involving a producer of the mega-hit broadway musical, Hamilton, and why it's problematic to try to claim copyright to historical information in the Hamilton museum exhibit. History has its eyes on you, but it matters who tells your story, and how. October 22, 2019
- Money Magazine - "Millions Are Obsessed With Vine Compilations on YouTube. Now There's a Battle Brewing Over Who Should Get Paid" Executive Director Art Neill is interviewed by Money Magazine writer Julia Glum about the Vine compilation copyright wars! Yes, you read that correctly. - April 10, 2019
- Bloomberg Law - "NBA-Coogi Spat May Give Sweater Pattern Coke Bottle Protection" Our Executive Director Art Neill was interviewed by Bloomberg Law about copyright, trademark, and trade dress in a recent dispute that involved the NBA, the Brooklyn Nets, Coogi, and even Biggie Smalls . You may say the NBA and the Nets wanted mo' money but ended up with mo' problems.
- Wired - "Did YouTube Phenomenon Poppy Steal Her Style From Another Star?" Executive Director Art Neill was interviewed for Wired about a recent high profile lawsuit involving two famous YouTubers, discussing the extent to which a person can own the rights to a persona from a copyright and right of publicity perspective. - May 9, 2018
- GamesBeat - "The IndieBeat: Workplace protection for indie developers" Executive Director Art Neill was interviewed for GamesBeat, the gaming division of VentureBeat, about what independent game developers can do to make sure they're treated fairly by their studios. - May 3, 2018
- Audiosocket - "Copyright and Licensing 101: A Guide for Content Creators" cited to New Media Rights' guide on obtaining music licenses. - April 17, 2018
- Columbia Journalism Review - "10 overlooked press freedom groups that deserve support" Executive Director Art Neill was interviewed about the importance of organizations that support journalists and press freedom in light of the new presidential administration's hostile stance to the media. - July 14, 2017
- KPBS - Federal Regulators Seek To Ease Rules For Internet Providers - Interview on KPBS radio's Midday Edition with Michael Lipkin about the Trump Federal Communications Commission's misguided effort to undo the 2015 Open Internet Rules that protect the internet as an engine for innovation, communication, and creative expression. - May 3, 2017
- The Art of Film Funding - interview with host Carole Dean of BlogTalkRadio's The Art of Film Funding about a variety of basic legal questions filmmakers encounter during financing, production, and distribution. March 15, 2017
- Cyber Law & Business Report - interview with host Bennet Kelley of the Internet Law Center on the Cyber Law and Business Report about our book for creators and startups. March 1, 2017
- Techdirt Reading List Recommends "Don't Panic :)" - Techdirt Reading List recommends Don't Panic: A Legal Guide (in Plain English) For Small Businesses & Creative Professionals - July 21, 2016
- KUSI Good Morning San Diego - "Business Cyber Hostages" Executive Director Art Neill talked ransomware and the Hollywood First Presbyterian Hospital hacking with Good Morning San Diego's Lisa Remillard on KUSI. - February 19, 2016
- KUSI - Executive Director Art Neill appeared in a story for the KUSI Newsregarding court decision to compel Apple to comply with FBI order to assist in accessing terror suspects smartphone. - February 17, 2016
- KNX Money Hour Los Angeles - Art Neill speaks to Charles Feldman of the KNX Money Hour (at minute 19:30) about an ongoing lawsuit against the band Led Zeppelin claiming that Stairway to Heaven infringes the band Spirit's song Taurus. - February 11, 2016
- AirTalk - "Videotaped suspect says Uber driver violated Privacy" - A messy altercation between a passenger and driver led to some interesting questions regarding laws around audio and video recording. Executive Director Art Neill discusses this question on AirTalk with Larry Mantle on KPCC Los Angeles.- January 20, 2016
- This Week In Law - An interview with Art Neill,Teri Karobonik and Emory Roane on Anti-Circumvention provisions, YouTube's new Fair Use Protection Program, the trial overHappy Birthday, and more! - December 18, 2015.
- KPBS - "New California Laws target Technology, Digital Privacy" - Radio and Television interviews with Executive Director Art Neill discussing new California privacy laws requiring search warrants for searching electronic devices and communications, additional restrictions on drone trespasses, and limits on the use of voice recognition data by manufacturers of smart TV's. October 13, 2015.
- KUSI San Diego - Video interview with KUSI's Sasha Foo on changes in Uber's new Privacy Policy. July 21, 2015.
- Business Law Prof Blog - The Fair Use App: Copyright Law for Those Who Can't Afford a Lawyer. July 20,2015.
- Firedoglake - Fighting Evil Corp. There’s an App For That! July 18, 2015.
- Boing Boing - Fair Use App: a guide to fair use for online video creators. July 17, 2015.
- Rebecca Tushnet - New fair use app from New Media Rights. July 17, 2015
- The Daily Transcript - Neill reappointed to FCC Consumer Advisory Committee. May 8, 2015.
- UT San Diego - Interview with Mike Freeman From UT San Diego discussing what's next after the FCC adopted new Net Neutrality rules. February 27, 2015
- KUSI San Diego - Video interview with KUSI's Sasha Foo on the impact of the FCC's decision to adopt Net Neutrality rules. February 27, 2015.
- KPBS / NPR - TV and radio interview regarding Net Neutrality - February 5, 2015.
- KNSD / East County Magazine - Radio interview on KNSD radio regarding Net Neutrality, hosted Miriam Raftery of the East County Times - November 22, 2014
- KPBS / NPR - Quoted in Elise Hu's net neutrality article covering President Obama's support of net neutrality, "President Obama backs the Internet in a big way" Nove
- KPBS Evening Edition - Executive Director Art Neill quoted on KPBS' Evening Edition television show at 8:44 regarding net neutrality
- New York Daily News - Article interview about the use and abuse of the DMCA takedown process. - October 16, 2014
- Cyberlaw & Business Radio Show and Podcast - An interview of Art Neill by Bennet Kelley about New Media Rights - September 24, 2014
- This Week In Law - An interview with Art Neill & Teri Karobonik on ownership of stolen celebrity photos, red light photos as evidence, YouTube bots, net neutrality, and more! - September 5, 2014
- KPBS Midday Edition - Interview with KPBS Midday Edition discussing validity of "I believe that we will win" trademark.
- This Week in Law - This Week In Law with Denise Howell, discussing net neutrality and copyright reform with Susan Crawford
- San Diego CityBeat - Geek v Troll: New Media Rights stands up for the Internet's underdogs. Cover story in San Diego Citybeat by Dave Maass, December 5, 2012.
- ReadWriteWeb: Interview with Fruszina Eordogh for article for article, "Youtube network holds Celebrity's Adsense account hostage"
- Joystiq: New Media Rights work featured in article "New Media Rights: You Gotta Fight for your right to be an indie developer"
- Talk with Campus Progress about a federal bill that aims to make streaming of copyrighted works a felony.
- San Diego CityBeat Discussion with Peter Holslin about Fair Use, sampling, and the case of TV Girl's song takedown
- Interview with PC World about what to do if you are caught in a filesharing case
- Interview with Dave Maas of CityBeat about Open Government and New Media Rights' efforts to support individuals and organizations that pursue government transparency
- Interview at Blogworld 2010 with TechZulu Law's Lisa Borodkin and Christina Gagnier on New Media Rights and Drumbeat San Diego.
- The why, what, where, and how of New Media Rights on Art Rocks radio with who? Philly Joe Swendoza.
- San Francisco Chronicle - Discussion with San Francisco Chronicle on New York Federal Court's decision to compel Google to give Viacom YouTube users' viewer history
Selected Talks & Testimony
- Featured Speaker, “Copyright, Fair Use, Creative Commons, and Open Educational Resources” Continuing Education for San Diego Community College Professors, Mira Mesa College, January 2019.
- Panelist, "Nuts and Bolts: Intellectual Property – Protecting Yours and Using Others," San Diego Press Club, San Diego, CA September 2018
- Panelist, “Copyright and Digital Content Streaming - Applying Copyright Concepts Through the Lens of Goldman v. Breitbart News”, PLI’s Fundamentals of Copyright Law in the Data Era, San Francisco, CA July 2018
- Panelist, “Copyright, Fair Use, and Licensing” Alliance for Community Media National Conference Baltimore, MD July 2018
- Testified before the United States Copyright Office in DMCA Section 1201 exemption hearings, May 2018, May 2015 and May 2012.
- Panelist, "Protect yourself now: The independent writer’s legal guide to contracts, clauses & conundrums", Investigative Reporters & Editors National Conference, Phoenix, AZ June 25, 2017,
- Panelist, “The Status of Copyright Infringement of Musical Works After the "Stairway to Heaven" and "Blurred Lines" Decisions”, AIPLA National Conference, San Diego, CA May 2017
- Panelist, “Fair Use, Copyright, and Legal Protections for Community Media Centers and Producers,” ACM Western Regional Conference, Fresno, CA March 2017.
- Featured Speaker, “Law 101 for Filmmakers”, San Diego Filmmakers December 2016.
- Panelist, “Beyond Selfies: Innovative Ways to Promote Your Work and Accomplishments,” Legal Writing Institute Biennial Conference, Portland, OR, July 201
- Moderator & Panelist, “Community and Pedagogical Benefits of Developing Public Education Resources and Engaging in Technology Enhanced Representation,” Baltimore, MD, May 2016
- Panelist, “Can We Just Play? The Legality of Let's Play Videos,” SXSW, Austin, TX, March 2016
- Panelist, “Marketing & Legal Guidance Panel: Strategies to Promote & Protect Your Business,” San Diego Small Business Advisory Board Annual Meeting, San Diego Central Library, October 2015
- Featured Speaker, “Office of the Fair Use Wizard: Creators, Technology and Fair Use in the Digital Age,” Fall Colloquium and Distinguished Speaker Series, Whittier Center for Intellectual Property Law, October 2015
- Panelist, “Can We Just Play? The Legality of Let's Play Video and Streams,” TwitchCon, San Francisco, CA, September 2015
- August 2015 - Intellectual Property, Copyright, and Fair Use in Media at the 2015 Alliance for Community Media National Conference, Pasadena, CA
- May 2015 - Copyright for Media Makers at San Diego City College
- March 2015 - Net Neutrality Panel at UC Irvine School of Law's 2015 Entertainment Law Symposium
- February 2015 - "Copyright & Trademark for Entrepreneurs: Key startup mistakes to avoid" at Ansir Innovation Center
- November 2014 - Fair Use and Copyright for Documentary Filmmakers presentation at Doculink LA (VIDEO).
- June 2014 – Panelist at Vidcon 2014 “Copyright on Youtube?”
- June 2014 – Panelist for Copyright Society of the USA “Crowd-sourced editorial content and Fan Productions”
- March 2014 - SXSW Interactive 2014, Austin, TX - Stand Up To Content Bullies, Know Your Copy Rights
- February 2014 - California Lawyers for the Arts & New Media Rights- Artist-Gallery Agreements and Copyright Law
- December 2013-San Diego Mini Maker Faire - Copyright & Trademark Issues Of Digital Fabrication
- December 2013- San Diego Central Library & FAB LAB San Diego - Panel Discussion: Copyright and IP Issues Related to 3D Printing
- November 2013 - California State Bar IP Insitute, Berkeley, CA - Copyrights or Copywrongs: Is the Current System of Enforcement Working?
- October 2013 - North County IP Section, Carlsbad, CA. Why did my content disappear? How the DMCA takedown process affects websites, users, and plaintiffs.
- September 2013 Basics of Copyright, how Creative Commons licenses work, and video releases - San Diego City College Documentary Film class
- May 2013 - 2013 Alliance for Community Media Conference Panel, San Francisco, CA -Free Speech vs. Copyright: An Intersection or a Collision?
- May 2013 - Film Consortium San Diego Workshop - "Law 101 for video creators: How can I use music and video from others in my video?"
- April 2013 - American Association of Law Schools (AALS) Transactional Clinical Conference, Austin, TX - Panelist for "Creating Lawyers as Problem-Solvers, Appreciating the Risks and Benefits, Clinical Examples of Non-Traditional Transactional Clinic Matters"
- March 2013 - National Alliance for Media Arts & Culture (NAMAC) and DailyDot Live Google Hangout "Interacting with the Digital Millenium Copyright Act"
- January 2013- New Media Expo 2013: Legal Ease: "What you should know to stay on the right side of the law"
- November 2012- Testimony before US Copyright Office in Small Claims Copyright court hearings.
- October 2012 Basics of Copyright, how Creative Commons licenses work, and video releases - San Diego City College Documentary Film class
- June 2012 - Panelist for "The Ins and Outs of Copyrights / Avoiding Copyright Infringement" at Vidcon 2012, Anaheim, California.
- May 2012 - Testimony before US Copyright Office in DMCA section 1201 exemption hearings.
- October 2011 Panelist at Media Law in the Digital Age conference co-produced by Citizen Media Law Project at Harvard's Berkman Center for Internet & Society and Kennesaw State's Center for Sustainable Journalism for session "Apps and Wireless: New Platforms for Online Content Providers and Journalists"
- October 2011 Basics of copyright and how Creative Commons licenses work - San Diego City College
- August 2011 Creative Commons for Low Power & Internet Radio stations at the Media Arts Center San Diego with Activist San Diego, Prometheus Radio, and the World Beat Center
- April 2011 Panelist at National Conference for Media Reform for Session on Copyright and Intellectual Property Law
- March 2011 The Business of Social Media Law
- February 2011 Drumbeat San Diego - "Basics of Copyright & How Creative Commons Licenses Work"
- May 2010 Media Arts Center filmmaker meetup: "How Creative Commons licenses work"
- March 2010 LA Media Reform Conference at Occidental College: "How the Law empowers citizen media: Fair Use and Creative Commons licenses"
- August 2009 Media Arts Center filmmaker meetup: "The Legal Aspects of Documentary Filmmaking & Online Video" (Emphasis on the Fair Use doctrine, Creative Commons licensing, and releases.
- June 2009 San Diego County Bar Entertainment and Sports Law Society meeting: "Social Media & the Law"
- Spring 2009 California Western School of Law Entertainment & Sports Law Symposium: "Social Media & the Law"
New Media Rights provides legal resources, and assistance regarding intellectual property, licensing, and other legal issues that arise with new technologies and media.
With a focus on citizen creators and nonprofits, Art has provided legal advice regarding limiting the potential liability of interactive websites which utilize extensive user generated or aggregated content, the use of Creative Commons licenses, and proprietary and open source software licenses.
Art has made numerous appearances in the local, national, and international media regarding consumer communications, technology, and intellectual property related legal issues.
Art is a tech geek at heart, and has participated in open source projects such as the content management system Drupal, as well as designing databases and heavily trafficked user-generated content driven websites. Mr. Neill is also a musician, and plays the trumpet, guitar, piano, and sings.
Additional Biography and Interviews
- Member of the California Bar (admitted 2006)
- Member of the San Diego County Bar Association
Additional interviews:
- Discussion with San Diego CityBeat's Peter Holslin about International Roaming charges on cell phone bills that purportedly originate in Mexico
- How to cut your cell phone bill with "Consumer" Bob Hansen of NBC San Diego.
- New York Times interview about children with cell phones and controlling unauthorized charges on your bill.
- ABC News interview regarding top cell phone company gripes.
- Discussion of 2009 Credit Card Reform Legislation with John Mattes on San Diego Channel 6.
- How to trim your phone, cable, satellite, and Internet bills in a down economy with San Diego Channel 6
- Discussion with San Francisco Chronicle on New York Federal Court's decision to compel Google to give Viacom YouTube users' viewer history
- Discussion of the FCC's recent review of ETF, and possible federal preemption of current lawsuits with NBC.
- Regarding subscription media and data services with the Seattle Public Intelligencer
- Recent cell phone lawsuits and the legal climate in the communications industry with Businessweek
- Verizon's takeover of SureWest and the consequences for consumers with the Sacramento Bee
- Regarding UCAN's federal class action against Sprint with Fiercewireless.com and NBC San Diego.
- Video on tips and pitfalls of buying a cell phone with NBC San Diego
- A discussion of arbitration and alternative dispute resolution for consumers with Professor Linda Fritz on the UCAN.org podcast
- News interview on Iphone hacks, open networks, and cancelling your cell phone contract
- A conversation with Bob McCormick of Money 101 about how to terminate your cell phone contract
- Tips on negotiating with cell phone companies, an interview with Real Simple Magazine (also published on CNN.com)
- A discussion of a class action lawsuit against webloyalty.com for scamming online consumers on KGTV.
Academic Background
Graduate of The College of William & Mary (B.A. Government, minor eqv. Economics) and the University of San Diego School of Law (focus on public interest and intellectual property law)
Contributing author to the California Regulatory Law Reporter regarding the California Public Utilities Commission and the California Dental Board.
Awarded the University of San Diego School of Law Pro Bono Service Recognition Award
Professional Background
Adjunct Professor of law at California Western School of Law teaching the courses Internet & Social Media Law and Internet & Media Law Clinic.
Founder and Director of New Media Rights. October 2005 to Present.
Attorney for Utility Consumers' Action Network and founder and director of New Media Rights. August 2006 to May 2012.
Law Clerk for Lorraine Donaldson. 2004-2005. Assisted with practice specialized in Intellectual Property, particularly patent drafting.
Law Clerk for San Diego City Attorney's Office - Civil Division. Summer and Fall, 2004. Work included American with Disabilities act, California Environmental Quality Act, among many other cases.
LSAT Instructor for Kaplan, 2004.
Public Information Officer/Press Secretary for the Office of the Secretary of State of Maryland. 2002-2003. Involved in Maryland redistricting based on 2000 Census, analysis of electronic voting machines, and reform of Maryland's felony disenfranchisement laws, among other duties.
Special Assistant to the Secretary of State of Maryland 2001-2002.
Director of Member Services for Mid-Atlantic LifeSpan, the largest non-profit trade association of senior care providers in Maryland and the District of Columbia.
Other information / interests
- Art is a native of Annapolis, MD
Here's some work from Art you can remix. "Davidsonville Maryland Mushroom" by Art Neill, openly licensed under Creative Commons Attribution-Noncommercial-ShareAlike 3.0