Dear New Media Rights community, 

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

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.

The Copyright Office has begun 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 NMR assists significantly.

In our October 19, 2012 comments, we argue any small claims system will need to address misuse of copyright law, abuse of the DMCA takedown process, and the general discrepancy in how attorney’s fees and costs are awarded to prevailing defendants.

Abuses of copyright law are rampant in the current system. Creators and internet users regularly face baseless content removals and settlement demands.  Right now, much of this misuse and abuse takes place outside of the formal court system.  A small claims system for copyright would naturally lower the bar for copyright bullies to bring formal actions against defendants. 

Many of the defendants in the new system will be these same vulnerable independent creators and internet users already facing abuse in our informal system.  When considering such a significant change to the current copyright system, the Copyright Office must ensure that the new playing field that is created allows defendants an adequate opportunity to defend themselves and pursue those who abuse and misuse copyright law.
 

Read our full comments to see our specific recommendations!

You can also read our earlier comments in this proceeding here!

Thanks to legal interns Alex Johnson and Kyle Welch for their assistance in drafting these comments.

New Media RIghts has joined a broad, international coalition of civil society groups calling on elected officials to sign the new Declaration of Internet Freedom and uphold basic rights in the digital world.

We encourage you to read and sign the Declaration, and encourage your elected officials to sign it as well.